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 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007