Appeal 2007-2285
Application 10/871,151
col.. 28, ll. 6-13). Xu provides no teaching whatsoever that the
advantageous properties of good conductivity, highly smooth surface and
resistance to electrode migration are only associated with TiN. To conclude
otherwise would render meaningless the reference teaching of any substitute
material.
We are also not persuaded by Appellants' argument that Fillipiak
teaches away from the addition of a TaN layer because the reference teaches
that Ta layer 106 is a barrier layer. We conclude that it would have been
obvious for one of ordinary skill in the art to use a combination of Ta and
TaN as a barrier layer or layers for the purpose of achieving the benefits of
TaN disclosed by Xu.
As for separately argued claims 9 and 29 which recite "the
aluminum/copper alloy comprises about 99.5% aluminum and 0.5%
copper", Appellants acknowledge that Xu expressly teaches that the
aluminum may be alloyed with other metals, such as copper, in an amount of
up to 10%. While Appellants query "why one of ordinary skill in the art
would be motivated to select a copper-aluminum alloy, let alone a 99.5%
aluminum – 0.5% copper alloy, from the myriad alloys disclosed by the Xu
reference" (Principal Br. 15), the answer lies in the fact that the reference
specifically suggests as much. Manifestly, up to 10 weight percent includes
the claimed 0.5%, and an alloy of aluminum-copper is the first alloy listed in
the group.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
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