Appeal No. 2004-0999
Application No. 09/997,086
trench 14 through layers 4e and 1. However, Mori's layers 4e
and 1 are formed of silicon oxide and silicon substrate, i.e.,
dielectric materials only. See Mori, column 3, lines 36-37,
and column 3, line 66 to column 4, line 5. Therefore, Mori's
layers 4e and 1 are not formed as alternating layers of
dielectric material and patterned electrically conductive
material.
Therefore, we find that the combination of Ibnabdeljalil
and Mori does not teach or suggest forming at least one trench
through an interconnect layer as required by Appellants'
independent claims 1, 9 and 15.
As noted above, our reviewing court requires the requisite
findings based upon the evidence of record. It is the Examiner's
burden of showing the objective teachings in the prior art. We
note that the Examiner has not met the burden of coming forward
with the evidence of establishing a prima facie case of
obviousness as set forth above. Therefore, we have not sustained
the Examiner's rejection of claims 1, 3, 5-9, 11, 13, and 14
under 35 U.S.C. § 103.
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