Ex parte WEI - Page 2




                   Appeal No. 2000-2093                                                                                               Page 2                        
                   Application No. 08/730,385                                                                                                                       


                                                                      BACKGROUND                                                                                    
                            The appellant's invention relates to a method and machine for chemical-mechanical                                                       
                   polishing a silicon wafer.  An understanding of the invention can be derived from a reading                                                      
                   of exemplary claims 5 and 13, which appear in the appendix to the appellant's Brief.                                                             
                            The prior art reference of record relied upon by the examiner in rejecting the                                                          
                   appealed claims is:                                                                                                                              
                   Shendon                                         5,899,800                                       May 4, 1999                                      
                            Claims 5, 9 and 13-16 stand rejected under 35 U.S.C. § 112, first paragraph, as                                                         
                   containing subject matter which was not described in the specification in such a way as to                                                       
                   reasonably convey to one skilled in the relevant art that the inventor, at the time the                                                          
                   application was filed, had possession of the claimed invention.                                                                                  
                            Claim 13 stands rejected under 35 U.S.C. § 102(e) as being anticipated by                                                               
                   Shendon.                                                                                                                                         
                            Claims 5, 9 and 14-16 stand rejected under 35 U.S.C. § 103(a) as being                                                                  
                   unpatentable over Shendon.1                                                                                                                      




                            1In the final rejection (Paper No. 17) claim 9 was not included in this rejection, and                                                  
                   claim 13 was not listed as being rejected under Section 102 although such was the case in                                                        
                   the preceding office action (Paper No. 10).  Since the appellant has not disputed the                                                            
                   rejections as set forth in the Answer and has provided arguments directed to them, we                                                            
                   shall act in accordance with that listing of the claims.                                                                                         







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