Appeal No. 2002-1757
Application No. 09/994,894
oxidizing/etching species can be used and these
oxidizers are better than oxidation compound hydrogen
peroxide, which is used by Kaufman, and is
environmental safe and can be easily disposed of after
use (col. 2, line[s] 9-16, line[s] 34-54).
We refer to the brief and reply brief and to the answer for
a complete exposition of the opposing viewpoints expressed by the
appellants and by the examiner concerning the above noted
rejection.
OPINION
This rejection cannot be sustained.
As indicated in the above quoted statement from the answer,
it is examiner’s finding that Kaufman’s “colloidal cerium would
naturally includes of [sic] dissolved Ce3+ (as also described in
page 9, line 18 of specification)” (answer, third page). This
finding is clearly erroneous. Although Kaufman discloses a
chemical mechanical polishing slurry which comprises a colloidal
dispersion that may contain cerium oxide, we agree with the
appellants’ argument (see pages 5 and 6 of the brief) which is
supported by evidence (see appendix C of the brief) that cerium
oxide is insoluble and accordingly that patentee’s slurry would
not “naturally” include “dissolved Ce3+” as urged by the
examiner.
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