Appeal No. 2004-0393
Application 09/388,824
The examiner finds that Jimenez discloses forming a first
conductive layer that "comprises a first part of layer 2
(Figure 2A, and Column 3, lines 25-26)" (answer, p. 3) and
forming a second conductive layer that "comprises a second part
of layer 2 (Figure 2C, and Column 3, lines 37-40)" (answer,
p. 4). That is, the examiner finds that forming a single layer
in Jimenez anticipates forming first and second layers, as
recited in claim 55.
Appellants argue that Jimenez does not teach that the first
metal layer 2 can be formed by first and second parts of the
layer 2 (brief, p. 7).
We agree with appellants that a single layer in Jimenez
cannot reasonably be interpreted to meet the limitation of forming
discrete first and second conductive layers as called for in
claim 55. The rejection of claims 55, 56, 59, and 60 is
reversed.
CONCLUSION
The rejection of claims 53, 54, 57, and 58 is sustained.
The rejection of claims 55, 56, 59, and 60 is reversed.
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