Ex Parte RATH et al - Page 2




          Appeal No. 2002-1260                                       Page 2           
          Application No. 09/137,179                                                  


                                     BACKGROUND                                       
               Appellants’ invention relates to an etchant composition                
          comprising: (1) sulfuric acid; (2) a fluorine containing                    
          compound; and (3) hydrogen peroxide or ozone, each in a specified           
          amount.  Claim 1, the sole independent claim on appeal, is                  
          reproduced below:                                                           
                    1.  An etchant composition in an aqueous solution                 
               comprising:                                                            
                    a) about 0.01 to about 15 percent by weight of sulfuric           
               said;                                                                  
                    b) about 0.1 to about 100 ppm of a fluorine containing            
               compound;                                                              
                    and                                                               
                    c) a member selected from the group consisting of about           
               0.01 to about 20 percent by weight of hydrogen peroxide and            
               about 1 to about 30 ppm of ozone.                                      
               The references of record relied upon by the examiner in                
          rejecting the appealed claims are:                                          
          Molinaro                      5,082,518           Jan. 21, 1992             
          Liaw et al. (Liaw)            WO 97/36209         Oct. 02, 1997             
          (published international application No. PCT/EP97/01190)                    
          Liao et al. (Liao)1           296405              Jan. 21, 1997             
          (published Taiwan Patent)                                                   


               1 The examiner refers to this patent as Jaw (Jaw is the                
          spelling of the first named inventor’s surname in a Derwent                 
          abstract of record).  All references to Liao in this decision are           
          to the English language translation of the patent document                  
          prepared by Diplomatic Language Services, Inc.  The record (Form            
          PTO-892, Paper No. 10) indicates that a copy of that translation            
          was forwarded to appellants with the examiner’s answer.                     







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