Appeal No. 1998-1667
Application No. 08/224,211
4). Therefore, Maniar does not remedy the deficiency in
Sandhu discussed above.
Additionally, the examiner’s proposed combination of
Sandhu and Maniar does not disclose or teach all of the
claimed subject matter, namely use of an overall polish
solution that is “acidic” (see claim 1, part (b), line 1; see
also the Brief, page 4). The examiner states that “since the
solution is the same as that cited it is expected to be
acidic.” Answer, page 6. However, the examiner has not shown
that the solution of Maniar is the same as that recited in the
claims, only that the components of that solution may be the
same or similar. See Maniar, col. 5, ll. 20-34, where the
amounts of the acidic components (nitric acid and hydrofluoric
acid) and basic component (hydrogen peroxide) could be used in
amounts that would result in a basic or acidic solution. The
only teachings presented in Maniar are the “preferred” and
“most preferred” embodiments along with the examples, all of
which show large amounts of the basic component and small
amounts of the acidic components (see col. 5, ll. 20-34 and
Table I in col. 7). Therefore, the only teachings in this
record would have led one of ordinary skill in the art to
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