Appeal No. 2002-0897 Application 09/303,020 conclusion that the brush scrubbing of Roy et al. would necessarily clean an open portion of a cavity provided by Doan et al.” (reply brief, pages 2-3). The reasonable expectation of success in using Roy’s brush scrubbing to clean particles out of Doan’s open cavity would have been provided to one of ordinary skill in the art by Roy’s teaching that his post-CMP cleanup process is applicable to CMP of films other than interfacial dielectric films (col. 2, lines 53-56). This teaching would have indicated to one of ordinary skill in the art that Roy’s brush scrubbing is applicable to CMP of films generally, including both smooth and cavity-containing films. Regarding the appellants’ argument that the references do not indicate that Roy’s brush scrubbing necessarily would clean particles out of Doan’s open cavity, we note that both the appellants (specification, page 8, lines 12-13) and Roy (col. 5, lines 29-30; col. 6, lines 15-18) appear to use conventional wafer layer cleaning brushes. Due to this apparent similarity of the brushes, it reasonable appears that the brushes provide the same or substantially the same effect. See In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657-58 (Fed. Cir. 1990). 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007