Appeal No. 2005-0168
Application No. 10/138,393
§ 102. Accordingly, we will not sustain the examiner's
rejections.
Although Shue describes a silicon-containing layer 27 and a
copper-containing seed layer 50 on barrier layer 16, the examiner
improperly concludes that Shue describes a single seed layer
comprising first and second materials on the barrier layer.
However, the examiner appreciates that Shue does not describe a
single seed layer comprising the first and second materials by
citing "seed layers 27 and 50" of Shue's Figure 5 (page 4 of
Answer, second paragraph). While the examiner "maintains that
layer 27, a silicon doping layer, anticipates the first layer of
the seed layer" (id.), the examiner is apparently operating on
the mistaken assumption that appellants claim two seed layers
rather than a single seed layer comprising two materials.
The examiner goes on to say that layer 27 of Shue is part
of the seed layer. However, Shue specifically discloses that
layer 27 is a silated barrier region, and not part of the seed
layer 50. While it might be argued that layer 27 of Shue
functions as a silicon-containing seed layer, there is no basis
for concluding that layers 27 and 50 of Shue comprise a single
seed layer, as required by the appealed claims.
-3-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007