Ex Parte BLALOCK et al - Page 16




          Appeal No. 1999-2347                                                        
          Application 08/892,560                                                      

          23, 24, 26, 28, and 29 under § 102(e)/103 over Woo are sustained            
          pro forma.                                                                  
               As to the rejection of claim 22 over Woo, Butler, and Keller           
          and the rejection of claim 27 over Woo and Stocker, Appellants              
          argue that Woo has been overcome and the rejections relying on              
          Woo are moot (Br23).  No arguments on the merits of the                     
          rejections including Woo are presented.  Because Woo is not                 
          overcome as a reference, and because no arguments on the merits             
          have been presented, the rejections of claims 22 and 27 are                 
          sustained pro forma.                                                        


          35 U.S.C. § 103(a)                                                          
               Claims 21, 23, 24, 26, and 28 ) Barber, Erie, Kim                      
               Claim 21 stands rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Barber and either Erie or Kim and optionally              
          with Woo.  We do not consider the combination with Woo inasmuch             
          as we have already sustained the rejection over Woo and because             
          we wish to keep the rejections over Woo separate.                           
               The Examiner finds that Barber, Erie, and Kim all teach a              
          conductive layer covered by an etch stop layer covered by a                 
          dielectric layer, where a via is created by etching the                     
          dielectric layer down to the etch stop layer and then etching the           
          etch stop layer down to the conductive layer.  The Examiner finds           
          that Barber teaches a silicon nitride etch stop layer, but does             

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