Ex Parte POZDER et al - Page 5


         Appeal No. 2003-1299                                                       
         Application No. 09/443,443                                                 

         structure indicates that layer 19 is a free floating structure             
         that is not connected to the unremoved portions of the                     
         corresponding dielectric layer.  We agree for the following                
         reasons.                                                                   
              On page 8 of answer, the examiner simply responds by                  
         stating that appellants have not provided a convincing argument            
         that the term requires that the remaining portions of the                  
         dielectric to be connected.  We find that on page 9, at lines              
         12-15 of appellants’ specification, the specification indicates            
         that the plurality of support structures 138 remain connected to           
         portions of the dielectric layer 134 which have not been                   
         removed.  In this light, we find that claim 5 requires that the            
         support structures are interconnected with unremoved portions of           
         the passivation layer.  We therefore disagree with the                     
         examiner’s statement made at the top of page 8 of the answer.              
         In view of this, we reverse this rejection with respect to claim           
         5.                                                                         
              With respect to claim 30, because claim 30 depends upon               
         claims 28/29, and because we reverse the rejection with respect            
         to claims 28 and 29 (discussed, infra, in Section III of this              
         decision), we reverse the rejection of claim 30.                           
              In summary, with regard to this rejection, we affirm the              
         rejection with respect to claims 1-4, 10, 24-27, and 32, but we            
         reverse the rejection with respect to claims 5 and 30.                     










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