Ex Parte HIROOKA et al - Page 7




                   Appeal No. 2003-0907                                                                                      
                   Application No. 09/337,278                                                                                


                   using  high resistivity water during cleaning.  The prior art must be considered                          
                   together with the knowledge of one of ordinary skill in the pertinent art.  A                             
                   reference need not explain every detail since it is speaking to those skilled in the art.                 
                   In re Paulsen, 30 F.3d 1475, 31 USPQ2d 1671, 1675 (Fed. Cir. 1994).                                       
                          We have carefully considered the evidence in the declaration, filed May 20,                        
                   2002, in light of the arguments in the brief.  We must disagree with Appellants that                      
                   the evidence establishes that the results of the showings are unexpected from the                         
                   teachings of the cited references.  The declaration compares the method of cleaning                       
                   an alumina titanium carbide wafer using water with a resistivity ranging from 0.1 to                      
                   17 MS, adjusted with CO2 gas.  Appellants argue that Miyashita does not disclose                          
                   the presence of CO2 however, the showing of the declaration does not compare the                          
                   adjustment of resistivity with other gases.  See, e.g., In re Burckel, 592 F.2d 1175,                     
                   1179-80, 201 USPQ 67, 71 (CCPA 1979) (the claimed subject matter must be                                  
                   compared with the closest prior art in a manner which addresses the thrust of the                         
                   rejection).  As stated above, the method of Miyashita does not disclose what is done                      
                   to the water to provide a resistivity of about 5 MScm.  The Appellants have not                           
                   provided a nexus between showing in the declaration and the invention of                                  



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