Ex Parte BIRANG et al - Page 2




              Appeal No. 2002-1025                                                                  Page 2                
              Application No. 09/454,354                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a method of preconditioning a fixed abrasive                    
              article (claims 1-16) and an apparatus for chemically-mechanically polishing a wafer                        
              (claims 17-25).  An understanding of the invention can be derived from a reading of                         
              exemplary claims 1 and 17, which have been reproduced below.                                                
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Chiou et al. (Chiou)                       5,873,769                    Feb. 23, 1999                       
              Brunelli                                   5,957,750                    Sep. 28, 1999                       
              Duescher                                   5,993,298                    Nov. 30, 1999                       
                     Claims 1-23 and 25 stand rejected under 35 U.S.C. § 103(a) as being                                  
              unpatentable over Brunelli in view of Duescher.                                                             
                     Claim 24 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
              Brunelli in view of Duescher and Chiou.                                                                     
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 11) and the final rejection (Paper No. 6) for the examiner's complete                            
              reasoning in support of the rejections, and to the Brief (Paper No. 10) and Reply Brief                     
              (Paper No. 12) for the appellants’ arguments thereagainst.                                                  











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