Ex Parte Whitman et al - Page 1





                       The opinion in support of the decision being entered today was not written for                                                
                       publication and is not binding precedent of the Board.                                                                        


                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                                            
                                                     _______________                                                                                 
                                     BEFORE THE BOARD OF PATENT APPEALS                                                                              
                                                  AND INTERFERENCES                                                                                  
                                                     _______________                                                                                 
                                     Ex Parte  JOHN WHITMAN and JOHN DAVLIN                                                                          
                                                   Appeal No. 2006-1361                                                                              
                                                 Application No. 09/997,019                                                                          
                                                     _______________                                                                                 
                                                         ON BRIEF                                                                                    
                                                     _______________                                                                                 

                Before KRASS, JERRY SMITH and MACDONALD, Administrative Patent Judges.                                                               
                JERRY SMITH, Administrative Patent Judge.                                                                                            


                This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s rejection of                                              
                claims 1-22, which constitute all the claims pending in this application.                                                            
                The disclosed invention pertains to a method for preparing a surface of a semiconductor                                              
                device structure for planarization.                                                                                                  
                Representative claim 1 is reproduced as follows:                                                                                     
                       1. A method for preparing a surface of a semiconductor device structure for                                                   
                planarization, comprising:                                                                                                           
                       providing a semiconductor device structure including at least one recess formed in a                                          
                surface thereof and a first material layer substantially filling the at least one recess and                                         
                covering the surface, the first material layer having a nonplanar surface;                                                           
                       applying a second material to the first material layer; and                                                                   
                       spreading the second material over the first material layer so as to form a second                                            














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