Ex Parte BRABEC et al - Page 6




          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).                         


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