Appeal No. 2004-0393
Application 09/388,824
digit lines are inherent in Jimenez. Nevertheless, we sustain
the rejection based on claim interpretation.
Appellants argue that metal layer 7 is not "disposed on" the
metal layer 2 in Jimenez because there is an etch mask layer 11-1
and 11-2 on the portion of the metal layer 2 used to form the
thinner lines (reply bried, p. 2). This is a new argument
presented for the first time in the reply brief. Since the
examiner has no right to file a supplemental examiner's answer in
response to a reply brief, we have no response by the examiner.
In the semiconductor art, "disposed on," and similar
limitations, such as "on top of," "deposited on," etc., are
commonly interpreted to not exclude intermediate layers, e.g., a
piece of paper may be "disposed on" a desk even though it sits on
top of other pieces of paper. Appellants have not claimed
"disposed directly on," which would distinguish over Jimenez.
For the reasons stated above, we sustain the rejection of
claims 53, 54, 57, and 58.
Claims 55, 56, 59, and 60
Claims 56, 56, 59, and 60 stand or fall together with
independent claim 55.
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