Appeal No. 2006-2210
Application 09/944,230
Rather than repeat the positions of the appellants and the examiner,
reference is made to the brief and reply brief for appellants’ positions, and to
the answer for the examiner’s positions.
OPINION
For the reasons set forth by the examiner in the answer, as amplified
here, we sustain each of the rejections of the claims on appeal.
Independent claim 1 on appeal in part requires that a material layer
substantially fill at least one recess in a substrate. On the other hand,
independent claim 15 correspondingly recites a similar feature such that the
claimed material layer at least partially fills at least one recess of a substrate.
These features are not argued in the brief and reply brief. What is common
among both independent claims 1 and 15 on appeal that is argued is the
feature “the material layer having a surface substantially free of hills and
valleys.”
Page 2 of the answer correctly challenges appellants’ submission of
the Summary of the Invention in the brief as not complying with 37 C.F.R.
41.37(c)(1)(v). In response, appellants’ Summary of the Invention at page 2
3
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