Ex Parte BRABEC et al - Page 10




          Appeal No. 2002-0897                                                        
          Application 09/303,020                                                      


          is comparable to that obtained when brush scrubbing and HF are              
          used in combination (i.e., about 58 counts versus about                     
          50 counts).  Consequently, this figure would have indicated to              
          one of ordinary skill in the art that brush scrubbing, whether              
          used alone or in combination with HF, is effective for reducing             
          the total defect count to at or near the below-detection level.             
               For the above reasons we are not convinced of reversible               
          error in the examiner’s conclusion that it would have been prima            
          facie obvious to one of ordinary skill in the art to use Roy’s              
          brush scrubbing in Doan’s post-CMP cleanup method.  For this                
          reason and because the appellants have not provided evidence of             
          secondary considerations for overcoming the prima facie case of             
          obviousness, we affirm the examiner’s rejection.3                           











               3 A discussion of Kirlin, which is relied upon by the                  
          examiner for a disclosure of the barrier layer required by the              
          appellants’ dependent claim 17 (answer, page 3), is not necessary           
          to our decision.                                                            
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