Ex Parte Nikoonahad et al - Page 3



                 Appeal 2006-3247                                                                                         
                 Application 10/345,055                                                                                   

                                inspecting a surface of the specimen with a contact image                                 
                         sensor to detect defects on the surface of the specimen;                                         
                                forming an image of a front side of the specimen; and                                     
                                measuring an intensity of light reflected from the front                                  
                         side of the specimen to determine a characteristic of a structure                                
                         on the front side of the specimen.                                                               

                                                     B. REJECTION                                                         
                         Claims 1-6, 10, 11, 13-17, 19, 20, 22-29, 31, 32, and 34-41stand                                 
                 rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent                                          
                 No. 6,806,951 B2 ("Wack").1                                                                              

                                               II. CLAIM GROUPING                                                         
                         "When multiple claims subject to the same ground of rejection are                                
                 argued as a group by appellant, the Board may select a single claim from the                             
                 group of claims that are argued together to decide the appeal with respect to                            
                 the group of claims as to the ground of rejection on the basis of the selected                           
                 claim alone.  Notwithstanding any other provision of this paragraph, the                                 
                 failure of appellant to separately argue claims which appellant has grouped                              
                 together shall constitute a waiver of any argument that the Board must                                   
                                                                                                                         
                 1 In accordance with M.P.E.P. §1207.02 (8th ed., Rev. 3, Aug. 2005), the                                 
                 Examiner should have listed Wack in the Evidence Relied Upon section of                                  
                 his Examiners' Answer.  We find such an omission, however, harmless to the                               
                 disposition of the instant appeal.                                                                       

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