Ex Parte JIN et al - Page 8



          Appeal No. 2003-0512                                                        
          Application 09/184,805                                                      

          a second slurry until the “stop layer” (layer 12 + layer 18) is             
          substantially completely exposed.                                           
               We have also considered the possibility that the examiner              
          considers liner layer 12 alone as corresponding to either the               
          claimed filler layer or the claimed stop layer, and have arrived            
          at unsatisfactory results analogous to those set forth above.               
          Thus, regardless of how one attempts to read the claimed filler             
          layer and stop layer on the layers 10, 12 and 18 of Landers,                
          Landers fails to teach the particulars of either the first                  
          polishing step or the second polishing step.                                
               In light of the foregoing, we shall not sustain the                    
          examiner’s rejection of claims 1, 20, 21 and 29 as being                    
          unpatentable over Cadien in view of Landers.                                
               Looking at the rejection of claims 2-19 as being                       
          unpatentable over Cadien in view of Landers and further in view             
          of AAPA, the tertiary teachings of AAPA do not make up for the              
          deficiencies of Cadien and Landers discussed above.  Therefore,             
          we also shall not sustain the examiner’s rejection of these                 
          claims.                                                                     




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