Ex Parte Beckage - Page 2




              Appeal No. 2003-0242                                                               Page 2                
              Application No. 09/484,604                                                                               


                                                   BACKGROUND                                                          
                     The appellant's invention relates to a method and apparatus for determining                       
              chemical mechanical polishing pad conditioner effectiveness (specification, p. 1).  A                    
              copy of the claims under appeal is set forth in the appendix to the appellant's brief.                   


                     The prior art references of record relied upon by the examiner in rejecting the                   
              appealed claims are:                                                                                     
              Sandhu et al. (Sandhu)                   5,036,015                   July 30, 1991                       
              Birang et al. (Birang)                   5,743,784                   Apr. 28, 1998                       



                     Claims 21 to 32 stand rejected under 35 U.S.C. § 112, second paragraph, as                        
              being indefinite for failing to particularly point out and distinctly claim the subject matter           
              which the appellant regards as the invention.                                                            


                     Claims 1 to 32 and 43 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Birang in view of Sandhu.                                                              


                     Claims 1 to 32 and 43 stand rejected under 35 U.S.C. § 103 as being                               
              unpatentable over Sandhu in view of Birang.                                                              









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