Appeal No. 2003-0512
Application 09/184,805
(see Figures 4A through 4E), the stop layer 14 is not disclosed
as being partially covered by the filler layer 18 as a result of
the first polishing step, but is instead partially covered by
remnants of the barrier layer material 16. This is clearly shown
in Figure 4C and described in the paragraph bridging pages 11 and
12 of the specification. Accordingly, it is not clear how claim
14, which is directed to the barrier layer embodiment, can
properly depend from claim 1, which calls for the step of
polishing the filler layer with a first slurry until the stop
layer is partially covered by the filler material.
Summary
Each of the examiner’s rejections is reversed.
Accordingly, the decision of the examiner finally rejecting
the appealed claims is reversed.
A new rejection pursuant to 37 CFR § 1.196(b) has been
entered.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b). 37 CFR § 1.196(b) provides that, "[a] new
ground of rejection shall not be considered final for purposes of
judicial review."
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