Appeal No. 2002-0730 9
Application No. 09/410,250
is not evident from the teachings of Dubin that the amount of chloride ion present in Dubin
is sufficient to meet the requirement that Aanions that form at least one complex ion with
said copper so as to significantly increase the overvoltage for copper electrodeposition such
that the copper deposition rate at a given cathode voltage is suppressed.@ See claim 15.
Inasmuch as the burden of proof is on the examiner to establish a prima facie case of
anticipation, the mere finding by the examiner that chloride ions are present is not
sufficient to suggest or teach that the amount present in the environment disclosed by
Dubin is either sufficient to form a complex ion with the copper or significantly increase the
overvoltage. Accordingly, the examiner has failed to establish a prima facie case of
anticipation. Neither do the rejections under Section 103(a) in view of Morrissey or Lyde
remedy this defect as the references are not relied upon in the rejection of claim 15 to
teach the requisite amount of chloride ion and the examiner has not presented any findings
or argued that either Morrissey or Lyde teaches or suggest the requisite chloride content
needed to meet the requirements of claim 15.
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