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
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