Ex Parte Kumar et al - Page 2

                Appeal 2006-2499                                                                                   
                Application 10/268,735                                                                             

                highly reflective surface on an electroplated conduction layer (Br. 2).                            
                Independent claim 11 is illustrative of the invention and a copy of this claim                     
                is reproduced below:                                                                               
                11. An integrated circuit having a conductive metal system made by a                               
                method for creating a highly reflective surface on an electroplated                                
                conduction layer, the method comprising the steps of:                                              
                       depositing a barrier layer on a substrate using a self ionized plasma                       
                deposition process, the barrier layer having a thickness of no more than                           
                about one hundred angstroms,                                                                       
                       depositing an adhesion layer on the barrier layer using a self ionized                      
                              plasma deposition process,                                                           
                       depositing a seed layer on the adhesion layer using a self ionized                          
                              plasma deposition process at a bias of no less than about one                        
                              hundred and fifty watts, and                                                         
                       electroplating the conduction layer on the seed layer, thereby forming                      
                              the highly reflective surface on the conduction layer, where the                     
                              highly reflective surface has a reflectance of greater than about                    
                              seventy percent.                                                                     
                       The Examiner has relied on the following prior art references as                            
                evidence of obviousness:                                                                           
                Lin US 6,342,448 B1 Jan. 29, 2002                                                                  
                Sung US 6,350,995 B1  Feb. 26, 20021                                                               
                Singhvi  US 6,368,880 B2 Apr. 09, 2002                                                             
                Lee US 6,623,799 B1 Sep. 23, 2003                                                                  

                                                                                                                  
                1 The Examiner cites and relies on Sung (Answer 3, ¶ (8) and 4) but does not                       
                include Sung in the statement of the rejection (Answer 3, ¶ (9)).  Therefore,                      
                we do not consider or rely upon Sung.  See In re Hoch, 428 F.2d 1341, 1342                         
                n.3, 166 USPQ 406, 407 n.3 (CCPA 1970) (When a reference is relied upon                            
                to support a rejection, whether or not in a minor capacity, there would                            
                appear to be no excuse for not positively including that reference in the                          
                statement of the rejection).                                                                       
                                                        2                                                          

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