Appeal No. 2005-0798
Application No. 10/460,000
a coupling agent, said filler material having at least
a partial coating of said coupling agent thereon.
18. A hole fill composition comprising:
a fluoropolymer dielectric material;
a surfactant;
a silica filler material comprised of
substantially spherical or spheroidal particles, the
particles having a size range distribution of from
about 0.1 micron to about 40 microns; and
a coupling agent, said filler material having at
least a partial coating of said coupling agent
thereon.
On page 4 of the brief, appellants state that all the
claims are grouped together. We select claim 9 for
consideration in this appeal. 37 CFR § 1.192(c)(7)(2004).
The examiner relies upon the following reference as
evidence of unpatentability:
Swei et al. (Swei) 5,506,049 Apr. 09, 1996
Claims 9, 11-13, 16-19, and 28-38 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Swei.
OPINION
The examiner’s position regarding the anticipation
rejection is set forth on pages 3-5 of the answer.
The single issue argued in the present appeal is whether
Swei anticipates the claimed language of a silica filler
material. Claim 9 recites a silica filler material “having a
size of from about 0.1 micron to about 40 microns”.
The examiner finds that Swei teaches a particle size of
less than 10 microns. Answer, page 3. Also, on page 7 of the
answer, the examiner states that Swei’s teaching “of more
preferably less than 5 microns”, still overlaps the claimed
2
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