Ex Parte Chen et al - Page 5




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

           The solution disclosed by Koos qualifies as a water solution of                            
           HF.                                                                                        
                 We further note that independent claims 1 and 11 (as well as                         
           all of the dependent claims) are considered “open” claims because                          
           they include the term “comprising” in the preamble.  Therefore,                            
           interpretation of all of the claims under appeal is not limited                            
           to only those elements specifically recited.  The term                                     
           “comprises” permits the inclusion of other (i.e., unrecited)                               
           steps, elements, or materials.  In re Baxter, 656 F.2d 679, 686,                           
           210 USPQ 795, 802.  Thus, the fact that the solution disclosed in                          
           Koos includes a weak acid and a weak base does not preclude the                            
           reference from reading on the claim recitation of an “acid-                                
           containing solution from water and an acid selected from the                               
           group consisting of citric acid, HCOOH, CH3COOH, HNO3, H2SO4, and                          
           HF” (i.e., because the claims are “open” claims).                                          
                 Finally, with respect to appellants’ argument that Koos does                         
           not teach a method of cleaning a pad and a wafer, we point to the                          
           abstract as well as Figure 3 of the Koos reference for support                             
           that Koos teaches a method of cleaning a pad and a wafer.  The                             
           abstract states in part that “[a] diluting solution is then                                
           applied to the polishing pad to remove slurry of the first CMP                             
           step.”  Removal of slurry constitutes cleaning of a pad and a                              
           wafer.  Further, element 44 of Figure 3 contains the caption                               


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