Ex Parte Mulligan et al - Page 9



          Appeal No. 2004-0999                                                        
          Application No. 09/997,086                                                  

          the findings are deemed to support the agency's conclusion."  In            
          re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430, 1434 (Fed. Cir.                
          2002).                                                                      
                    Rejection of Claims 1, 3, 5-9, 11, 13, and 14                     
               First, we will address the rejection of independent claims 1           
          and 9 and their dependent claims 3, 5-8, 11, 13, and 14 under               
          35 U.S.C. § 103.  Appellants argue that Ibnabdeljalil does not              
          teach forming at least one trench through the interconnect                  
          layer within the at least one dicing street because                         
          Ibnabdeljalil merely teaches a standard technique of dicing                 
          completely through the interconnect layer and the semiconductor             
          wafer with a dicing saw.  See page 11 of the brief.  The                    
          Examiner agrees with Appellants that Ibnabdeljalil fails to                 
          teach forming at least one trench through the interconnect                  
          layer.  See last paragraph on page 4 of the answer.  The                    
          Examiner relies on Mori for a teaching of forming a trench                  
          through the interconnect layer.  See page 5 of the answer.  The             
          Appellants argue that "[a]lthough the Mori patent teaches                   
          forming a trench, it does not teach or suggest forming a trench             
          in an interconnect layer as required by the present claims."                

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