Appeal No. 2002-1768
Application 08/846,196
1027 (Fed. Cir. 1997), In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir.
1989), the plain language of appealed independent claim 1 requires “rinsing the wafer with an
acetic acid solution immediately after etching to stop further etching and preventing uneven
etching” (emphasis supplied). It is clear from the specification that the term “immediately” has
its customary dictionary meaning of “[w]ithout intermediary; directly; . . . [w]ithout delay.”3
The dispositive issue in this appeal is whether one of ordinary skill in this art would have
found in Gotoh a teaching to rinse the etched wafer with an acetic acid solution immediately after
the etching step. It is well settled that a reference stands for all of the specific teachings thereof
as well as the inferences one of ordinary skill in this art would have reasonably been expected to
draw therefrom, see generally, In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83
(Fed. Cir. 1992), presuming skill on the part of this person. In re Sovish, 769 F.2d 738, 743, 226
USPQ 771, 774 (Fed. Cir. 1985).
We have carefully considered the teachings of Gotoh in light of the positions advanced by
the examiner (answer, pages 4, 5, 6, 7-8 and 8-9) and appellant (brief, pages 7-8). Based on the
entire disclosure of the reference, we find no disclosure therein, including the passages upon
which the examiner relies, that would have provided one of ordinary skill in this art with the
teaching or inference that the etched wafer was rinsed with an acetic acid solution immediately
after the etching step. Indeed, as disclosed by Gotoh, there is at least one step (e.g., col. 2, lines
3-6), if not two steps (e.g., col. 5, lines 13-22), between the etching step and the application of
the acetic acid solution in a rinsing step.
3 The American Heritage Dictionary, Second College Edition 643 (Boston, Houghton Mifflin
Company, 1982)
- 2 -
Page: Previous 1 2 3 4 Next
Last modified: November 3, 2007