Ex Parte KURODA - Page 4




              Appeal No. 2002-0003                                                                                        
              Application No. 09/056,794                                                                                  


              polishing are interchangeable processes and relies on the teachings of Iijima to                            
              evidence this interchangeability. Additionally, the examiner maintains that appellant’s                     
              specification “hinted” of this well-known interchangeability of RIE and chemical                            
              mechanical polishing to flatten conductive layers.  Appellant disagrees with the                            
              examiner’s conclusion. (See brief at page 5.)  We agree with appellant and find that the                    
              examiner’s conclusion is based upon speculation.  While the examiner has referred to                        
              the teachings in Iijima, we do not find these teachings to teach an interchangeability of                   
              RIE and chemical mechanical polishing to flatten conductive layers as maintained by                         
              the examiner.  Therefore, we cannot agree with the examiner that Iijima would have                          
              suggested the use of chemical mechanical polishing in place of the use of RIE to flatten                    
              conductive layers as taught by Suwanai.  Since Iijima does not remedy the deficiency in                     
              Suwanai as admitted by the examiner, we cannot sustain the examiner's rejection of                          
              independent claim 12 and its dependent claims 11,13 and 14.  Similarly, we cannot                           
              sustain the rejection of independent claims 15, 16 and 18 which contain similar                             
              limitations and dependent claim 17.                                                                         










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