Ex parte NELSON - Page 2




          Appeal No. 1998-2397                                                        
          Application No. 08/654,708                                                  


          claims 8, 10 through 18, 24, and 25 remain before us on                     
          appeal.                                                                     
               Appellant's invention relates to a system for testing                  
          semiconductor wafer clamps for wear.  Claim 8 is illustrative               
          of the claimed invention, and it reads as follows:                          


               8.   A wear testing system for a wafer clamp, the wafer                
          clamp designed to hold a wafer of a predetermined size, the                 
          wafer clamp having a ledge portion around an opening, the                   
          ledge portion having an overlap region that overlaps the edge               
          of the wafer by an initial overlap distance to hold the wafer               
          in place during processing, the wear testing system                         
          comprising:                                                                 
               a testing object having a shape that prevents the wafer                
          clamp from slipping past an upper portion of the testing                    
          object when the clamp has not been worn, and a shape that                   
          permits a wafer clamp that is worn to slip past said upper                  
          portion.                                                                    
               The prior art of record relied upon by the examiner in                 
          rejecting the appealed claims is:                                           
          Appellant's admitted prior art Figures 1 and 2 (AAPA)                       
          Hrovath1            4,744,713                May 17, 1988                   
               Claims 8, 10 through 18, 24, and 25 stand rejected under               
          35 U.S.C. § 103 as being unpatentable over AAPA.                            

               Although the examiner did not rely on this reference in the rejection,1                                                                     
          he did rely on it in the arguments section of the Answer.                   
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