Ex Parte Dostalik et al - Page 7




          Appeal No. 2006-0473                                                        
          Application 10/430,558                                                      

          examiner at pages 4 and 5 of the answer as briefly embellished              
          upon by the examiner at page 7 of the answer.  There the examiner           
          essentially repeats the essence of the teaching value of Merchant           
          to the subject matter of Lim.                                               
               At least with respect to dependent claim 3, appellants’                
          remarks at pages 26 and 27 of the brief do not challenge what the           
          examiner relies upon for combinability with Lim.  Instead                   
          appellants argue the same argument as to Merchant as to Lim                 
          previously argued, only generally alleging that both references             
          teach away because both teach the liners cover both trenches and            
          vias.  In this respect then our same response as indicated                  
          earlier with respect Lim alone is pertinent here as well.                   
               Additionally, the argument appears not to be pertinent to              
          the actually features recited in representative dependent claim             
          3, for example, which merely recites that the previously recited            
          low-k material is comprising OSG.  The examiner has previously              
          relied upon column 4, lines 50 through 61 and column 6, lines 53            
          through 58 in Lim for respective dielectric materials having a              
          low-k dielectric.  The same is true for the corresponding                   
          teachings relied upon by the examiner at column 2, lines 55                 
          through 60 and the specific teaching of utilizing OSG at column             
          3, lines 39 through 45 of Merchant as a low-k dielectric.  This             
          teaching at column 3 indicates that low-k dielectrics can                   
          additionally include organosilicate glass (OSG) which apparently            
          has trade names including Black Diamond which is specifically               


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