Ex Parte Iyer et al - Page 6



                Appeal 2006-2444                                                                              
                Application 10/342,053                                                                        

                      With regard to claim 11, the Examiner finds that Schilling teaches                      
                exposing the substrate with a material to be removed to the cleaning mixture                  
                of supercritical carbon dioxide and the co-solvent, rinsing the substrate with                
                organic solvents, and then re-exposing the substrate to the cleaning mixture                  
                (Answer 3).                                                                                   
                      Appellants argue that Schilling does not teach any use of different                     
                rinse steps using different chemistries (Br. 11; Reply Br. 2).  This argument                 
                is not well taken since claim 11 does not require different chemistries, but                  
                merely requires a second concentration that is the “same or different” from                   
                the first concentration (Answer 7).  With regard to the limitations of claim                  
                12 on appeal (Reply Br. 3), we agree with the Examiner that Schilling                         
                teaches the use of various cleaning and rinse cycles as necessary to remove                   
                the unwanted material (for cleaning) and trace amounts of remaining residue                   
                (for rinsing).  See Schilling, ¶ [0016], [0017], [0057 – 0060], and [0071].  As               
                discussed above, the use of slightly different concentrations in either the                   
                cleaning mixture or the rinse solution would have been expected by one of                     
                ordinary skill in this art to achieve similar results, absent any showing of                  
                criticality.                                                                                  
                      For the foregoing reasons and those stated in the Answer, we                            
                determine that the Examiner has established a prima facie case of                             
                obviousness in view of the reference evidence.  Based on the totality of the                  
                record, including due consideration of Appellants’ arguments, we determine                    
                that the preponderance of evidence weighs most heavily in favor of                            

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