Appeal No. 2006-1663
Application No. 09/871,883
We addressed this argument above in our discussion of claim 1. This
argument is given the same disposition (i.e., unpersuasive) with regard to 7-8.
We affirm the § 103(a) rejection of claims 7 and 8.
CLAIM 10 (FIGURES 4A AND 4B)
The Examiner rejects claim 10 over Farrar in view of Havemann. Claim 10
is substantially the same as claim 1, except that claim 10 further recites that the
upper level wire has a “via” integrally formed in the bottom of the upper level
wire, the upper conductive liner covers the side and bottom of the via, at least a
portion of the via extends below a top surface of the lower wire level, and the
upper conductive liner on the bottom of the via is in contact with inner and outer
surface of the “liner-to-liner” contact region. (Figure 4A, reference numeral 210 is
the “via”).
Appellants argue that neither Farrar nor Havemann teach “at least a portion
of the bottom of a via extending below a top surface of said lower wire level.” (Br.
13). Appellants contend that the Examiner does not identify a “via” in Havemann
and the Examiner provides no reason for combining Farrar with Havemann for the
claimed portion of the “via” extending below a top surface of the lower wire level.
(Br. 13). Appellants also reiterate their arguments made with respect to claim 1.3
3 Appellants again make the following arguments: 1) that combination of Farrar
with Havemann is flawed because the Examiner bases his reason for combining
Havemann with Farrar on Havemann’s teaching to form insulating and conducting
layers “without mechanical defects” while Havemann actually teaches forming
layers “without deleterious mechanical effects”, 2) Havemann does not indicate
which aspects of his methodology are responsible for realizing insulating and
conducting layers without deleterious mechanical effects, and 3) the Examiner
does not indicate where Farrar discloses that the insulating and conducting layers
suffer from deleterious mechanical effects so as to require Havemann’s teachings
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