Ex Parte Chan et al - Page 8




          Appeal No. 2004-1481                                                        
          Application No. 09/726,659                                                  


          sensor is used to detect bubbles in the fluid feed tube and the             
          fluid feed may be photoresist, etchant or SOG (id.; col. 1, ll. 7-          
          14 and 49-53).  From these findings, the examiner concludes that it         
          would have been obvious to one of ordinary skill in this art to use         
          the delivery system of Neoh to supply SOG with a reasonable                 
          expectation of success in determining bubbles in the SOG using a            
          capacitive sensor due to the differing dielectric constants                 
          (Answer, page 5).  We agree in view of the teachings from On.               
               Appellant argues that it is improper to combine Neoh and On as         
          these references solve different problems (Brief, page 9).  As              
          correctly stated by the examiner (Answer, pages 12-13), Neoh and On         
          are directed to solving the same problem, namely the formation of           
          gas bubbles in the fluid being delivered to coat the semiconductor          
          wafer (Neoh, col. 1, ll. 30-37; On, col. 1, ll. 23-26; col. 2, ll.          
          1-2).  Although Neoh is limited to delivering photoresist (as               
          discussed above with regard to the rejection under section 102(b)),         
          On teaches that the delivery of photoresist, SOG and etchant all            
          have the same bubble problem (col. 1, ll. 1-53; col. 2, ll. 1-2).           
          We agree with the examiner that, in view of the teachings of Neoh           
          regarding the detection of bubbles using the capacitive sensor to           
          determine dielectric constants of the fluid, the tube, and the gas          
          bubbles (col. 1, ll. 44-48), one of ordinary skill in this art              

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