Appeal No. 2003-1280 5
Application No. 09/476,633
We find that, “the wafer has been rinsed with a solution containing hydrogen peroxide.”
We further find that similar disclosure appears on page 7, lines 7 and 9, page 9, lines 1-
10 and page 12, lines 1-2.
In a further description, we find that, “[i]n one embodiment, the rinsing solution
comprises approximately 4% by volume of hydrogen peroxide, and generally comprises
hydrogen peroxide in the approximate range of 2% to 4.5%. The upper limit of hydrogen
peroxide concentration is that amount that removes too much of metal layer 44 such that
the reliability of the wafer is affected. The remainder of the rinse contains deionized
water.” See specification, page 8, lines 15-19.
Claim 25 limits the agent to, “consisting of hydrogen peroxide.” Similarly claims 26
and 27 limit the rinse to, “a solution consisting of hydrogen peroxide.” Generally, the
appellants have the right to insert the transitional language “consisting of” to a
component of the claimed subject matter or to the claimed subject matter as a whole. It
is necessary however to consider the effect of the transitional language on the meaning
of the claimed subject matter. The term “consisting of” closes the phrase to the
presence of any additional components other than “hydrogen peroxide.” Thus claim 23
requires that only pure hydrogen peroxide be present in the absence of any other
components. There is however, no written description in the specification corresponding
to the utilization of pure hydrogen peroxide. Similarly, claims 24 and 25 contain
inconsistent language as a “solution consisting of hydrogen peroxide” may not have any
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