Ex Parte BIRANG et al - Page 4




              Appeal No. 2002-1025                                                                  Page 4                
              Application No. 09/454,354                                                                                  


              abrasive pads prior to their initial use, thereby enabling planarization of metallic                        
              surfaces with significantly reduced defects, such as scratches.                                             
                     Claim 1 reads as follows:                                                                            
                     A method of preconditioning a fixed abrasive article comprising a plurality                          
                     of abrasive elements, the method comprising heating the fixed abrasive                               
                     article before initial use in chemical-mechanical polishing (CMP) a surface                          
                     of a workpiece.                                                                                      
              The claim stands rejected as being unpatentable over Brunelli in view of Duescher.  It is                   
              the examiner’s position that all of the subject matter recited in the claim is disclosed by                 
              Brunelli except for preconditioning the pad before initial use.  However, the examiner                      
              contends it would have been obvious to one of ordinary skill in the art to precondition                     
              the Brunelli abrasive pad before its initial use in view of Duescher, suggestion being                      
              found in Duescher’s teaching of doing so to remove defects and thus prevent scratching                      
              of the workpiece (Paper No. 6, page 2).                                                                     
                     Brunelli is concerned with periodically removing from an abrasive pad the waste                      
              matter accumulations that build up in the course of planarizing substrates by chemical-                     
              mechanical polishing (CMP), which over time adversely affects the CMP operation                             
              (column 2, lines 59-64).  This removal of accumulated material is accomplished by                           
              heating the pad to a predetermined temperature to soften the accumulations so that                          
              they can be more easily removed by means such as abrasives and blades (column 2,                            
              line 64 et seq.; column 4, lines 13-26).  Thus, Brunelli does not precondition pads, that                   








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