Ex Parte Tang et al - Page 8


         Appeal No. 2004-0633                                                       
         Application No. 10/011,198                                                 


         alleged conflicts that appellants discuss, are relevant.  We               
         therefore are not persuaded by appellants’ arguments in this               
         regard.  Furthermore, we observe that Ito’s multilayer structure           
         is used for making a “semiconductor device”.  See column 1,                
         lines 6-10 of Ito.  Appellants have not directed us to evidence            
         that the multilayer structure of Ito is not suitable for making            
         the memory device.                                                         
              In view of the above, we therefore affirm the 35 U.S.C.               
         § 103 rejection of claims 31, 32, and 33.                                  

         III. The 35 U.S.C. §  103 rejection of claims 34, 35, and 36 as            
              being obvious of Cronin in view of Ito and Yu                         

              Appellants discuss this rejection on pages 9-11 of the                
         brief.  Here, appellants allege that there are conflicts between           
         Cronin, Ito and Yu.  We refer to the above-discussed rejection             
         with regard to our determinations with regard to appellants’               
         comments on the combination of Ito and Yu.  We also provide the            
         following.                                                                 
              With regard to Cronin, appellants argue that Cronin forms a           
         stud-down with a single edge through thick insulation and with a           
         single metal deposition, whereas Yu proposes building up the               
         contact level by requiring a plurality of thin insulating layers           
         in a plurality of conductive fill steps for those holes.  Brief,           
         page 10.  Appellants state that Cronin touts the benefits of a             
         damascene process and that this conflicts with Yu because Yu               
         utilizes a non-damascene process.  Brief, pages 10-11.                     
              In view of the above, appellants present the same type of             
         argument as presented with regard to the combination of Ito and            
         Yu.  Hence, for the very same reasons, discussed, supra, we are            
         unpersuaded.                                                               

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