Ex Parte Manginell et al - Page 5



         Appeal No. 2005-0237                                                       
         Application No. 10/165,861                                                 
         process.”  It is apparent that patentee’s features are not formed          
         after layers or areas 6 are removed via the aforenoted in situ             
         wash since this wash is the final step in Bohannon’s etch                  
         process.                                                                   
              In light of the foregoing, we also cannot sustain the                 
         examiner’s section 102 rejection of claims 1-3 and 5 as being              
         anticipated by Bohannon.                                                   
              Finally, the section 103 rejection of claim 4 over Bohannon           
         in view of Bastani likewise cannot be sustained since this last            
         mentioned reference does not cure the above discussed                      
         deficiencies of Bohannon.                                                  
              The decision of the examiner is reversed.                             
                                      REVERSED                                      

                   Bradley R. Garris               )                                
              Administrative Patent Judge     )                                     
                   )                                                                
                                                 )                                  
                                                 )                                  
                        Charles F. Warren               ) BOARD OF PATENT           
                        Administrative Patent Judge     )   APPEALS AND             
                                                 )  INTERFERENCES                   
                                                 )                                  
                                                 )                                  
              Romulo H. Delmendo            )                                       
                        Administrative Patent Judge     )                           


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