Ex Parte Conboy et al - Page 5




          Appeal No. 2003-0614                                                        
          Application 09/520,591                                                      


          devices at issue, and their manner of operation, indicates that             
          they are relatively simple and straightforward instruments.  The            
          examiner has not established or cogently explained, and it is not           
          apparent, why the mere breadth with which these means and devices           
          are described would have prevented a person of ordinary skill in            
          the art from making and using the claimed invention without undue           
          experimentation.                                                            
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 112, first paragraph, rejection of claims 1 through 26.                   
          III. The 35 U.S.C. § 102(e) rejection of claims 1, 3, 16, 19 and            
          21 as being anticipated by Tigelaar                                         
               Tigelaar discloses “a method of testing semiconductor wafers           
          to locate problems resulting from the fabrication procedure”                
          (column 1, lines 9 through 11).  The reference describes this               
          method, and the system for implementing it, as follows:                     
               [r]eferring to the FIGURE, there is shown a host                       
               computer 1 which controls the testing operation in                     
               accordance with the present invention.  Initially                      
               semiconductor wafers are loaded into a cassette 3 in                   
               standard manner for fabrication with the host computer                 
               1 tracking the location 5 and rotational orientation 7                 
               of each wafer initially placed within the cassette.                    
               After one or more processing steps, as determined by                   
               the host computer 1, the wafers are rearranged within                  
               the cassette 3 by a robot or the like 5 as is known in                 
               the art under control of the host computer with the                    
               host computer tracking the new location of each wafer                  
               within the cassette.  Each wafer is also rotated within                
               the cassette 1 by a rotating tool 7 under control of                   
               the host computer 1 after one or more processing steps,                

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