Ex Parte Agarwala et al - Page 19


             Appeal No. 2006-1663                                                                                
             Application No. 09/871,883                                                                          

             330C) and “a second portion of the array of vias in contact with said lower core                    
             conductor and also in contact with both the inner surface and outer surface of said                 
             upper edge of said lower conductive liner”(Figure 12A, reference numeral 330A).                     
                   Claim 25 is similar to claim 20, except that claim 25 further recites the lower               
             level wire having “one or more integral extensions each extension having a side                     
             and a bottom and extending laterally from the side of said lower level wire”                        
             (Figure 12A, reference numeral 315A to 315C).                                                       
                   The Examiner rejects claims 20 and 25 under 35 U.S.C. § 103(a) over Farrar                    
             in view Havemann.  (Answer 4-6).                                                                    
                   Appellants make the same arguments with respect to both claims 20 and 25.                     
             Appellants’ arguments are as follows: (1) neither Farrar nor Havemann teaches the                   
             claim feature, “at least a portion of the bottom of each via extending below a top                  
             surface of said lower wire level.”  (Br. 17, 22), (2) Examiner does not indicate any                
             via in Havemann (Br. 17, 22), (3) the Examiner provides no reason for combining                     
             Farrar with Havemann (Br., 18, 22), (4) the Examiner incorrectly bases the                          
             combination of Havemann with Farrar on the Examiner’s statement that Havemann                       
             teaches forming contacts “without mechanical defects” (Br. 18, 22-23), (5)                          
             Havemann does not disclose which aspects of his method are responsible for                          
             realizing insulating and conducting layers without deleterious mechanical effects                   
             (Br. 19, 23), and (6) Farrar does not disclose forming layers that have deleterious                 
             mechanical effects such that applying Havemann to Farrar would improve Farrar’s                     
             methodology (Br. 19, 23-24). Appellants’ arguments are not persuasive.                              
                   Regarding Appellants’ argument that neither Farrar nor Havemann teaches                       
             the claim feature, “at least a portion of the bottom of each via extending below a                  
             top surface of said lower wire level”, Havemann clearly indicates that the Figures                  

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