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. 5Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007