Ex Parte WHITMAN et al - Page 9




          Appeal No. 2001-1633                                                        
          Application 09/092,543                                                      


          recited in claim 1.  Therefore, we sustain the examiner’s                   
          rejection of claims 1-5.                                                    
          With respect to claim 24, appellants additionally argue that                
          neither Ushijima nor Lin teaches the step of dispensing the fluid           
          from the second nozzle when the fluid from the first nozzle flows           
          outwardly to a radius from the axis [supplemental brief, page 9].           
          The examiner responds that Ushijima teaches monitoring the                  
          surface of the wafer at a location away from the axis of                    
          rotation.                                                                   
          We will not sustain the examiner’s rejection of independent                 
          claim 24 and of claims 25 and 26 which depend therefrom.  Claim             
          24 recites a method in which the fluid from the second nozzle is            
          controlled as a function of the flow of fluid from the first                
          nozzle.  Although Lin teaches that the two nozzles are separately           
          and independently controlled, there is no description in Lin of             
          how to relate the control of one nozzle to the control of the               
          other nozzle.  Thus, Lin provides no specific suggestion that the           
          second nozzle should be controlled only when fluid from the first           
          nozzle has flowed outwardly to some radius from the axis of                 
          rotation.  Therefore, the applied prior art fails to support the            
          examiner’s rejection of claims 24-26.                                       



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