Appeal 2007-0706
Application 09/905,172
material over a polysilicon layer “analogous to a hard mask.” (Col. 1, ll. 48-
51 and Col. 3, ll. 15-25). However, on this record, the Appellants have not
demonstrated that the claimed preamble limitation renders the claimed
process steps materially different from those taught and/or suggested by the
prior art references.
In view of the foregoing, we determine that the Examiner has
established a prima facie case of obviousness and the Appellants have not
sufficiently rebutted the prima facie case.
VIII. ORDER
Accordingly, the decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal maybe extended under 37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED
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