T 0963/02 (Electromigration/IBM) of 29.09.2004

European Case Law Identifier: ECLI:EP:BA:2004:T096302.20040929
Date of decision: 29 September 2004
Case number: T 0963/02
Petition for review of: -
Application number: 99301767.2
IPC class: H01L 23/532
Language of proceedings: English
Distribution: Distributed to board chairmen (C)
Download: Decision in English
OJ versions: No OJ links found
Other decisions for this case: -
Abstracts for this decision: -
Application title: Copper interconnection structure incorporating a metal seed layer
Applicant name: International Business Machines Corporation
Opponent name: -
Board: 3.4.03
Headnote: -
Relevant legal provisions: European Patent Convention Art 123(2) 1973 European Patent Convention Art 56 1973 European Patent Convention Art 84 1973 European Patent Convention R 33(2) 1973 European Patent Convention R 68(2) 1973
Keywords: Inventive step (yes)
Abstract and claim in contradiction to the description in a prior art document
Catchword: General and ambiguous disclosure in the abstract and claim of a prior art document construed in the light of the specific embodiments described in the document.
Cited cases: T 0056/87 T 0450/89 T 0278/00 T 0897/03
Citing cases: T 1612/07 T 0868/08 T 1614/08 T 2366/11 T 2509/11 T 0591/17 T 1922/17 T 2378/18

ORDER

For these reasons it is decided that:

1. The decision under appeal is set aside.

2. The case is remitted to the department of the first instance with the order to grant a patent with the following documents:

Claims:

1. to 9 according to the primary request filed with the letter dated 5 July 2004

Description:

pages 1, 2, 3 and 13 as originally filed

pages 4, 7 to 12 and 14 as filed with the letter dated 6 February 2001

pages 5 and 6 filed with the letter dated 2 August 2001

Drawings:

sheets 1/3 to 3/3 as originally filed.