Ex Parte OHUCHI - Page 7




                  Appeal No. 2005-0202                                                                                             Page 7                      
                  Application No. 09/348,654                                                                                                                   


                  (Reply Brief, p. 4).  That the ashing temperature was understood to affect the results of ashing                                             
                  can hardly be questioned.  Such is evidenced by language in Konno such as:  “[t]hen, the                                                     
                  substrate 1 is heated, for example, to 100° to 200° C.” (Konno, col. 6, ll. 12-13).  One of                                                  
                  ordinary skill in the art is clearly expected to perform routine experimentation to determine the                                            
                  workable or optimal temperature for ashing.                                                                                                  
                            Appellant also argues that Konno teaches against the introduction of water vapor prior to                                          
                  ashing (Brief, p. 9 referring to column 10, lines 5-16 of Konno).  First, the Admitted Prior Art                                             
                  indicates that performance of the anti-after-corrosion treatment before ashing was known in the                                              
                  art.  Second, we agree with the Examiner that Konno does not teach against the introduction of                                               
                  water vapor for the anti-after-corrosion treatment prior to ashing (Answer, p. 7).  The portion of                                           
                  Konno referenced by Appellant discusses the performance of the anti-after-corrosion and ashing                                               
                  steps separately but in the same apparatus.  Konno then discusses a way to overcome the                                                      
                  problem of water vapor removal by using an apparatus with separate stations for the anti-after-                                              
                  corrosion treatment and ashing steps (Konno, col. 10, ll. 9-17).  One would simply use separate                                              
                  stations to overcome the problem.  There is no teaching away from performing anti-after-                                                     
                  corrosion treatment prior to ashing in Konno.                                                                                                
                  Claim 7                                                                                                                                      
                            To reject claim 7, the Examiner adds Landau.  Claim 7 requires that the etching gas                                                
                  contain hydrofluorocarbon expressed as CH4-xFx.                                                                                              









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