Ex Parte Stoeckgen et al - Page 2




              Appeal No. 2003-0454                                                                Page 2                
              Application No. 09/644,734                                                                                


                                                   BACKGROUND                                                           
                     The appellants' invention relates to chemical mechanical polishing of substrates                   
              (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to                 
              the appellants' brief.                                                                                    


                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Hsu                                6,200,207                          Mar. 13, 2001                       
              Miyashita et al.                   6,241,581                          June 5, 2001                        



                     Claims 1 to 7, 10, 12 to 20, 23, 25 to 37, 45 to 52, 54 to 63 and 65 to 75 stand                   
              rejected under 35 U.S.C. § 102(b) as being anticipated by Miyashita.                                      


                     Claims 11, 24, 38 to 44, 53, 64, 76 and 77 stand rejected under 35 U.S.C. § 103                    
              as being unpatentable over Miyashita in view of Hsu.                                                      


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              the appellants regarding the above-noted rejections, we make reference to the answer                      
              (Paper No. 7, mailed July 2, 2002) for the examiner's complete reasoning in support of                    









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