Ex Parte BUPP et al - Page 6




          Appeal No. 2001-1305                                                        
          Application 08/872,782                                                      


          re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                
          2002).  With these principles in mind, we commence review of the            
          pertinent evidence and arguments of Appellants and Examiner.                
               We first will address the rejection of claims 1 through 4              
          and 10 through 12 under 35 U.S.C. § 103 as being unpatentable               
          over Bindra in view of Kametani.  The Examiner has relied on                
          Bindra for teaching all the claimed limitations except for the              
          clearances between conductive material and conductive layers and            
          the teaching of a chip.  See page 4 of the Examiner’s answer.               
               Appellants argue that Bindra does not teach or suggest                 
               [I]mpermeable fluoropolymer barrier layer devoid of ceramic            
               material disposed on and covering at least one ceramic                 
               containing dielectric layer, said outermost protective                 
               impermeable fluoropolymer barrier layer being impermeable to           
               process chemicals encountered during fabrication of said               
               integrated circuit chip and permitting metallized ceramic              
               line processes without degradation of said integrated                  
               circuit chip.                                                          
          See page 5 of the brief.  We note that this language is quoted              
          from Appellants’ claim 1.  We further note that claim 10, the               
          other independent claim, also recites similar language.                     
          Appellants argue that Bindra discloses that the inner dielectric            
          material used for an insulating layer and the dielectric layer              
          are formed from the same material.  See pages 5 and 6 of the                
          brief.                                                                      

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