Appeal No. 2005-0277 Application No. 09/883,883 "equivalent" to the claimed step, and we find no basis for such a conclusion, an equivalence of a prior art step is not a description of a claimed step within the meaning of § 102. The examiner's citation of Lee in support of a § 103 rejection of claims 3 and 4 does not remedy the deficiency in Egermeier discussed above. The examiner's § 102 rejection of claims 10-15 is another matter. Unlike claim 1 on appeal, claim 10 does not require the modification of an operational parameter in response to the spectroscopic analysis. Rather, claim 10 simply requires "controlling a process flow operation to reduce the amount of the residual material on the wafer responsive to the results of processing the raw spectral data." In our view, the examiner has properly concluded that Egermeier's return of the wafer to the prior processing operation for removing residual layers meets the claim requirement of controlling a process flow operation to reduce the amount of residual material on the wafer. Appellant submits that Egermeier "teaches no such 'controlling,' but is instead directed to rejecting defective wafers, as is established above" (page 6 of principal brief, second paragraph). However, we are satisfied that Egermeier's rejection of defective wafers -5-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007