Ex Parte Chen et al - Page 5



          Appeal No. 2006-0563                                                        
          Application 09/941,537                                                      

               Appellants, in referring to the examiner’s statement that the          
          etch stop materials of Lin’s Figures 1(c) through 1(f) would be             
          expected to inherently function as an ARC layer, contends that the          
          “Examiner provides no support for this statement of inherency” (page        
          15 of brief, last paragraph).  However, the examiner clearly                
          explains that Lin identifies two materials, TiN and SiON, as being          
          suitable for either etch stop layers or an ARC (see page 14 of              
          answer).  Also, further factual support is provided by the examiner         
          in pointing out that Yu teaches that TiN can function as both a             
          barrier layer and an ARC.                                                   
               As a final point, we note that appellants base no argument upon        
          objective evidence of non-obviousness, such as unexpected results,          
          which would serve to rebut the inference of obviousness established         
          by the applied prior art.                                                   
               Accordingly, based on the foregoing and the reasons well-stated        
          by the examiner, the examiner’s decision rejecting the appealed             
          claims is affirmed.                                                         






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