Ex Parte Subramanian - Page 11




             Appeal No. 2004-1834                                                                              
             Application No. 10/158,885                                                                        

                   As to claim 3, appellant argues that Balamurugan fails to mention a last column             
             number or of placing this last column number in the header of the wafer map data file             
             for the next partial wafer.  The examiner does not deny that Balamurugan fails to teach           
             a header.  However, the rejection is under 35 U.S.C. §103 and the examiner finds that             
             the wafer map host of the reference includes data for the last column number and that             
             as data from each partial wafer is uploaded into the wafer map, the same wafer map                
             data file is used for all partial wafers with different last column values (pointing to           
             column 5, lines 60-64, and column 6, lines 2-7).  The examiner also admits that                   
             Balamurugan may not specifically teach how an information file is organized (answer-              
             page 14), though the examiner finds that the wafer map host of Balamurugan includes               
             data for the last column number.  Since appellant appears to admit that Balamurugan               
             provides a map for the whole wafer, the examiner contends that this suggests that the             
             map data host is a singular file with sub files for each partial wafer.  Since data is            
             uploaded into the file and retrieved for the next cut, the examiner contends that “how the        
             files are titled (header) does not affect the process” and that “[a]s the cut depends upon        
             the location of that column, the information is within the file, if not in a header” (answer-     
             page 14).  Accordingly, the examiner contends that it would have been obvious to                  
             provide the last column number in a header in Balamurugan.  We find the                           






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