Ex Parte Chen et al - Page 4




            Appeal No. 2004-0085                                                                      
            Application No. 09/876,447                                                                

            clearly not a water solution of HF” (emphasis in original).  The                          
            appellants also contend after describing the invention of Koos                            
            that “[t]he present invention, to the contrary, teaches and                               
            claims a method for in-situ cleaning a pad and a wafer” (Breif,                           
            page7; emphasis in original)1.                                                            
                  In response to these arguments, the examiner replies that                           
            the Koos reference “clearly disclose[s] a water solution of HF”                           
            and further quotes the reference as teaching a solution                                   
            comprising “about 20 parts by volume of ammonium fluoride                                 
            solution (80 weight percent in water) and 1 part hydrofluoric                             
            acid (49 weight percent in water)” (see Answer, page 5).                                  
                  We agree with the examiner that the Koos reference                                  
            discloses a water solution of HF.  The Koos reference, at column                          
            6, lines 63-67, discloses a buffer solution wherein the                                   
            hydrofluoric acid is 49 weight percent in water.  Thus, 51                                
            percent of the total weight of the 1 part hydrofluoric acid is                            
            attributable to water and 49 percent of the total weight of the 1                         
            part hydrofluoric acid is attributable to the hydrofluoric acid.                          


            1 It should be noted that appellants make no specific arguments directed at               
            the rejection of the apparatus claims, but rather focus on differentiating the            
            method claims from the prior art.  None of the arguments presented by the                 
            appellants in the Brief are persuasive or even relevant in overcoming the                 
            examiner’s §102(b) rejection with respect to the apparatus claims.                        
            Significantly, the appellants do not identify and we do not find structural               
            elements present in the independent apparatus claim which differentiate the               
            claimed invention from the apparatus disclosed in Koos.                                   


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