Ex Parte Her et al - Page 3




                    Appeal No. 2003-1092                                                                                                                                  
                    Application No. 09/692,730                                                                                                                            


                              We refer to the 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                                                                                    
                              For the reasons set forth below, this rejection cannot be                                                                                   
                    sustained.                                                                                                                                            
                              As correctly indicated by the Appellants in their brief,                                                                                    
                    Kaisaki teaches using lysine in an ammonium ion buffer system                                                                                         
                    for controlling the pH of his slurry (e.g., see lines 40-62 in                                                                                        
                    column 14), whereas Grumbine teaches using lysine in his slurry for                                                                                   
                    inhibiting the etching or corrosion of tungsten (e.g., see lines 4-                                                                                   
                    24 in column 6).  Clearly, the pH buffering purpose or function                                                                                       
                    served by lysine in Kaisaki’s slurry is completely unrelated to the                                                                                   
                    tungsten etch/corrosion inhibiting purpose or function served by                                                                                      
                    the lysine in Grumbine’s slurry.  Because these purposes or                                                                                           
                    functions are unrelated, an artisan would have had no basis for                                                                                       
                    believing that the inhibiting-effective concentrations of Grumbine                                                                                    
                    would also be effective for achieving the tungsten etch/corrosion                                                                                     
                    inhibiting desideratum of Kaisaki.  It follows that the here                                                                                          
                    applied references would not have provided either a motivation or                                                                                     


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