Appeal No. 2002-1025 Page 8
Application No. 09/454,354
reference does teach that the temperature must be sufficient to soften the waste matter
accumulations on the abrasive disk. In this regard, Brunelli states that the planarizing
surface be heated to 90°F. to 115°F. “and other temperature ranges are used in other
embodiments, depending upon the composition of the waste matter accumulations 264
and the/or the polishing pad 240" (column 9, lines 23-29). Owing to the recognition by
Brunelli that the temperature to which the pad is heated is dependent upon several
specified factors, we consider it to be a result-effective variable, that is, a variable which
achieves a recognized result, the achievement of which is determinable by routine
experimentation. See, for example, In re Antonie, 559 F.2d 618, 620, 195 USPQ 6, 8
(CCPA 1977) and In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).
Thus, we agree with the examiner (Paper No. 6, page 3), that the selection of a
temperature would have been obvious to one of ordinary skill in the art in view of these
recognized factors.
Claims 20 and 25, like claim 17, are not limited to conditioning of any kind, much
less to preconditioning fixed abrasive articles. Claim 20 recites an apparatus for
chemical-mechanical polishing a wafer comprising a fixed abrasive element and means
for heating the fixed abrasive element to at least 90 degrees Centigrade. Claim 25
expresses the temperature requirement in terms of a heater for heating the fixed
abrasive element to about 90 degrees Centigrade. Brunelli clearly discloses the fixed
abrasive element and means for heating it. As for the claimed temperature range, the
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