Ex Parte Abbott et al - Page 4



          Appeal No. 2004-1988                                                        
          Application No. 09/733,718                                                  

               Appellants also maintain that they "cannot find a teaching             
          or suggestion in Kim of selective deposition of any layer" (id.).           
          However, we subscribe to the examiner's rationale that Kim's                
          palladium layer 54 does not completely cover palladium film 53              
          since layer 54 selectively covers only the top surface of film              
          53, but not the side or bottom surface areas of film 53 (see                
          page 7 of Answer, third paragraph).  We note that appellants have           
          not refuted the examiner's reasonable analysis.                             
               We next consider the examiner's § 102 rejection of claims              
          21-23 over Abys.  Appellants' argument that "in Abys there is               
          nothing to suggest that layer 25 covers only portions of layer 23           
          rather than the complete layer" (page 6 of Brief, 4th paragraph)            
          is not persuasive for the same reasons set forth above with                 
          respect to the § 102 rejection over Kim.                                    
               We now turn to the examiner's § 103 rejection of claims 4,             
          6, 10 and 11 over Kim.  Like appellants, Kim discloses that the             
          nickel layer can be formed of a stack consisting of a nickel                
          layer on the base metal, followed by a palladium/nickel layer               
          which, in turn, receives an additional nickel layer.  While the             
          stack layer of Kim has thickness dimensions outside the claimed             
          ranges, we agree with the examiner that it would have been                  
          obvious for one of ordinary skill in the art to resort to routine           

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