Ex Parte He et al - Page 8

                Appeal 2007-1394                                                                             
                Application 10/301,464                                                                       
                furnished by Babb.1  Moreover, such a familiar shape would have been                         
                readily recognized by one of ordinary skill in the art as a film member shape                
                useful for reducing wafer contamination by the known problem of shedding                     
                film because of the relatively smaller contact area of such a ring shape                     
                member relative to a disc shaped wafer to be held thereby (see, e.g., Yang,                  
                col. 6, l. 66-col. 7, l. 4).  In addition, as the Examiner maintains, the use of             
                such an O-ring shape would be advantageous in holding a wafer on the plate                   
                via vacuum because of the sealing effect thereof as taught by Babb.                          
                      In any event, the wet removal/ dry addition argument has not been                      
                fairly developed by Appellants to persuasively explain why an edge ring                      
                shape, such as the O-ring shape of the wafer holder of Babb, would not have                  
                been recognized as being an available and useful shape (edge contact ring                    
                shape) for a film member of a CMP wafer holder for placing on top of the                     
                pedestal plate (vacuum chuck) of Yang or the APA given the artisan’s desire                  
                to select a film member shape or film member design that reduces the area                    
                of contact of the film with a wafer being held thereby.                                      
                      Thus, Appellants have established no reversible error in the                           
                Examiner’s rejection of independent claims 5 and 15 and dependent claim                      
                16.                                                                                          
                      Dependent claims 6 and 17 require that the edge-contact ring is made                   
                of a silicon-based material whereas dependent claims 7 and 18 require an                     
                elastomer-based material for the contact ring.  The Examiner has determined                  
                                                                                                            
                1 For example, we note that plurality of annular-shaped pedestal film                        
                members employed by Yang (Fig. 7, element 513), which shape for the                          
                members one of ordinary skill in the art would have reasonably recognized                    
                as being a suitable shape for covering the annular periphery of the pedestal                 
                plate and not just the center opening in the plate, as an option.                            
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