Ex Parte Brennan - Page 5



          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             

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