Ex Parte Brennan - Page 6



          Appeal No. 2005-0277                                                        
          Application No. 09/883,883                                                  

          and returning them to the prior process operation for removing              
          residual layers, in response to the analysis of volatiles, meets            
          the claim requirement of "controlling a process flow operation."            
               One final point remains.  Upon return of this application to           
          the examiner, the examiner should consider the propriety of a               
          rejection of claims 1-9 under 35 U.S.C. § 103.  In particular,              
          the examiner should consider the obviousness of controlling and             
          modifying an operational parameter of the fabrication process,              
          such as temperature or concentration of cleaning medium, in                 
          response to an analysis that current parameters result in an                
          ineffective cleaning of the wafer.  For instance, it would seem             
          that modifying the time to a longer period would improve the                
          cleaning operation.                                                         
               In conclusion, based on the foregoing, the examiner's                  
          § 102 rejection of claims 1, 2 and 5-9 is reversed, as is the               
          examiner's § 103 rejection of claims 3 and 4.  The examiner's               
          § 102 rejection of claims 10-15 is affirmed.  Accordingly,                  
          the examiner's decision rejecting the appealed claims is                    
          affirmed-in-part.                                                           




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