Ex Parte He et al - Page 7

                Appeal 2007-1394                                                                             
                Application 10/301,464                                                                       
                      We answer this question in the negative.  This is because Appellants                   
                have not even addressed, much less persuasively so, an underlying rationale                  
                for the proposed modification of the film of Yang or the APA film covering                   
                the CMP wafer pedestal plate that is reasonably developed by the Examiner.                   
                This rationale is premised on the teachings of the APA or Yang (the argued                   
                wet removal prior art), not Babb (the asserted dry process for depositing                    
                material).                                                                                   
                      In particular, a reading of Yang or the APA clearly reveals that one of                
                ordinary skill in the art was informed as to a wafer contamination problem                   
                with prior art CMP wafer pedestal plate films and an option for reducing the                 
                problem contamination; that is, reducing the area of contact of the film                     
                located on the pedestal plate that is used for holding the wafer away from                   
                contact with the plate itself.  For example, Yang discloses a number of                      
                options, including an annular edge arrangement of discrete pedestal film                     
                members (1113b, Fig. 14).  O-ring type members for holding a wafer spaced                    
                from a plate, at least temporarily, are well-known as evidenced by Babb for                  
                holding and spinning a wafer (vacuum chuck) during wafer processing and                      
                testing, albeit not explicitly described for a CMP utility.  Hence, we have no               
                doubt that one of ordinary skill in the art would have been led to use and                   
                modify, as appropriate, such a familiar edge ring shape type holder element                  
                as a known shape available for use as the film element shape of the pedestal                 
                wafer holder (chuck) of the APA or Yang.  This is so because such a shape                    
                for a contacting member of a plate shaped holder would have been familiar                    
                to one of ordinary skill in the art with or without the evidence thereof                     




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