Appeal No. 2001-2203 Application No. 09/007,949 added, in the alternative, to the combination of Lee and Wilson. Claims 10-13 and 19-26 include details of a planarization procedure in which the first deposited metal layer and the insulation layer are planarized to the same plane followed by deposition of a second metal layer. To address the recognized deficiencies of the proposed combination of Lee and Wilson in disclosing the claimed planarization features, the Examiner turns to Yu and Mathews. Our review of Yu and Mathews, however, reveals that, at best, they disclose the beneficial aspects of providing planarized plugs that have improved surface contact areas. Given this limited teaching value of Yu and Mathews, we fail to see why the skilled would have been motivated to modify the Examiner’s proposed combination of Lee and Wilson with Yu or Mathews since Lee, in each of the disclosed embodiments, already provides a planarized metal layer. For example, in Lee’s Figure 13 embodiment, a deposited metal layer 38 is heat treated to form a planarized layer 39 as illustrated in Figure 15. Similar heat treatment to form planarization layers 59, 79, 99, and 119 in other embodiments in Lee are also described. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007