Ex Parte KONDO et al - Page 4




            Appeal No. 2002-0376                                                                              
            Application No. 09/072,137                                                                        


            respective positions articulated by appellants and the examiner.  As a consequence of             
            our review, we make the determinations which follow.                                              
                                              35 U.S.C. § 102                                                 
                   Appellants argue that the examiner has unduly burdened appellants by applying              
            essentially the same art.  We make no findings relative to the number of rejections               
            made by the examiner since this is a procedural matter beyond our scope of review.                
                   Appellants argue none of the applied prior art is as relevant to the claimed               
            invention as the admitted prior art in the background of the invention.  (See brief at            
            pages 6-7.) We agree with appellants.  Appellants argue that the present invention uses           
            a predetermined standard density as an objective threshold to determine when the                  
            compaction process is complete.  Appellants argue that the objective standard density             
            is determined prior to performing the compaction process and is compared to the actual            
            density of the integrated circuit device during the compaction process for determining            
            when to stop the compaction process.  (See brief at page 7.)  Appellants contrast this            
            with the use of a density gradient which compares the actual density to the prior density         
            as a measure of the rate of change of the density and appellants maintain that they               
            were the artisans that discovered the problem with using the density gradient.  (See              
            brief at pages 7-8.)  Appellants argue that the examiner has relied upon prior art                





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