Appeal 2007-2304 Application 10/209,004 barrier layer does not render the contact and the insulating material non-coplanar, then Sandhu’s barrier layers (67, 75; col. 5, ll. 29-67; fig. 13A) on the contact (65) do not render the contact and the insulating layer (40) non-coplanar. Thus, contrary to the Appellant’s argument (Br. 11-12; Reply Br. 3), Sandhu’s contact and insulating material are coplanar, as that term is used by the Appellant, in the final product (fig. 13A), not just in an intermediate step (fig. 5). We therefore are not convinced of reversible error in the rejection of claim 8 and claim 11 that stands or falls therewith. DECISION The rejection of claims 2 and 4-11 under 35 U.S.C. § 103 as being unpatentable over Sandhu in view of Hosaka is affirmed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 CFR § 1.136(a). AFFIRMED vsh DINSMORE & SHOHL LLP ONE DAYTON CENTRE, ONE SOUTH MAIN STREET SUITE 1300 DAYTON OH 45402-2023 7Page: Previous 1 2 3 4 5 6 7
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