Ex Parte GIVENS - Page 6



          Appeal No. 2005-0479                                                        
          Application No. 08/801,812                                                  

          column 2, line 27.  However, we do not subscribe to appellant's             
          position that the reference disclosure is tantamount to a                   
          teaching away from using seed layers, in general, in methods of             
          forming interconnect structures of the type disclosed by Xu '461.           
          Rather, we find that the cited portion of Xu '461 is particularly           
          specific to seed layers of tungsten which sometimes result in the           
          formation of undesirable crystallographic forms of aluminum.  Xu            
          '461 provides no teaching away of using the presently claimed               
          seed layer of titanium nitride, which is also the seed layer used           
          by Xu '721.  Furthermore, as for the use of the seed layer                  
          resulting in more complexity, cost and less reliability in the              
          process, this would seem to apply to appellant's process as well.           
          Appellant has submitted no argument, let alone evidence, that the           
          process of the instant invention is not more complex and costly             
          than processes that eschew seed layers.  It is well settled that            
          it is a matter of obviousness for one of ordinary skill in the              
          art to eliminate or include a feature of the prior art, along               
          with its attendant advantages and disadvantages.  As explained by           
          the examiner, the prior art establishes that it was known in the            
          art to employ seed layers in methods for forming interconnect               
          structures of the type claimed.                                             


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