Ex Parte Sengupta et al - Page 13




               Appeal No. 2003-1260                                                                      Page 13                 
               Application No. 09/850,654                                                                                        


               material, each sidewall having a spacer disposed thereon, and each spacer being in contact with                   
               the metallic material.”  The specification describes conductive structures 114 that “may or may                   
               not be aligned with the underlying via structures 109, as illustrated in Figure 1C.”  But                         
               differences in alignment do not necessarily translate to differences in size such that the                        
               conductive structure with all its sidewalls extend from the surface of the metallic material in the               
               via.  Such an arrangement would require the diameter or width of the conductive structure to be                   
               smaller in all directions than the via.  It is not clear that such a size difference was described in             
               the original written description.                                                                                 


                                                        CONCLUSION                                                               
                      To summarize, the decision of the Examiner to reject claims 1-7, 10-17, 19, and 20 under                   
               35 U.S.C. § 102(a) and claims 8, 9, and 18 under 35 U.S.C. § 103(a) is affirmed.                                  





















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