Appeal No. 2006-1361
Application No. 09/997,019
which is considerably smoother than upper dielectric surface 58.
Ideally, upper smoothening surface 62 is largely planar. In actuality,
there may be slight depressions in upper smoothening surface 62 at
the locations of the deepest parts of the depressed portion of upper
dielectric surface 58. Compared to upper dielectric surface 58, upper
smoothening surface 62 is largely planar. [column 6, lines 29-36,
emphasis added].
It is clear from this paragraph that the upper surface 62 of smoothening layer 60 in Wang is
intended to be, or is ideally, planar. We interpret this paragraph to mean that a true planar
surface may not always be achieved in actuality based on the depressions of the dielectric
layer and the properties of the smoothening material. Since this paragraph states that there
may be slight depressions, it also suggests that there may not be slight depressions.
Therefore, we interpret this paragraph of Wang as disclosing that a planar upper surface may
not always be achieved, but the intent is to select materials and conditions such as
temperature that are appropriate for achieving the ideal “largely planar” surface.
With respect to claims 2, 6, 7 and 19-22, since these claims depend from claim 1 and
have not been separately argued by appellants, we also sustain the examiner’s anticipation
rejection of these claims.
With respect to claim 10, appellants argue that Wang is clearly limited to applying the
smoothening layer in such a manner that the depressed portions of the dielectric surface are
completely filled while the peaks are covered [brief, page 11]. The examiner responds that
during the spinning process, initially the peaks are not covered with the smoothening
material, but eventually, all the surface is uniformly coated as a result of the spinning
operation and that this operation is indistinguishable from Wang [answer, page 15].
Appellants respond that claim 10 refers to the state of the wafer after the spinning process
has been completed. They argue that planarization in Wang occurs in a subsequent process
[reply brief, pages 4-5].
We will not sustain the examiner’s anticipation rejection of claim 10. Claim 10 depends
from claim 1 and further limits the spreading step. The spreading step of claim 1 results in
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