Ex Parte BUYNOSKI - Page 6




          Appeal No. 2001-1093                                                        
          Application No. 09/252,186                                                  


          (e.g., titanium) in adhesion promoter layers 44 and 52                      
          (Figure 10; column 4, line 53 through column 5, line 24), and Ho            
          uses a refractory metal (e.g., tungsten) in a metal silicide seed           
          layer 200 and 208 for a subsequent deposit of tungsten in an                
          opening 204 of a semiconductor device (Figure 2e; column 4,                 
          lines 2 through 30 and column 7, lines 3 through 54), the                   
          examiner has not successfully demonstrated via substantial                  
          evidence in the record how and why the skilled artisan would have           
          found it obvious to rely on the disparate copper alloy teachings            
          of Ahn and the metal silicide teachings of Ho to provide the                
          “metal features and vias” in Hause with a metal silicide liner.             
          Thus, the obviousness rejection of claims 1 through 10, 21                  
          through 24 and 28 through 31 is reversed because we agree with              
          the appellant’s argument (reply brief, page 5) that “[t]he                  
          Examiner’s interpretation of the seedlayer of Ho ‘214 and                   
          photoresist adhesion promoter of Ahn as a conductivity enhancing            
          feature for the system of Hause et al., when viewed in light of             
          Appellant’s disclosure, is clearly an improper retrospective                
          assessment of the applied prior art in light of Appellant’s                 
          disclosure.”                                                                
               The obviousness rejection of claims 25 through 27 is                   
          reversed because the metal silicide teachings of Ho ‘841 fail to            
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