Ex Parte Withers et al - Page 2




              Appeal No. 2005-1011                                                                 Page 2                
              Application No. 09/921,588                                                                                 



                                                    BACKGROUND                                                           
                     The appellants' invention generally relate to a method and apparatus for                            
              polishing a substrate in a chemical mechanical polishing system (specification, p. 1).  A                  
              copy of the claims under appeal is set forth in the appendix to the appellants' brief.                     


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Winebarger et al. (Winebarger)            5,433,650                    July 18, 1995                       
              Kimura et al. (Kimura)                    5,679,063                    Oct. 21, 1997                       
              Nagahara et al. (Nagahara)                5,816,900                    Oct. 6, 1998                        
              Kennedy et al. (Kennedy)                  6,139,406                    Oct. 31, 2000                       


                     Claims 1 to 25, 30 to 33 and 35 to 39 stand rejected under 35 U.S.C. § 103 as                       
              being unpatentable over Kimura in view of Nagahara.                                                        


                     Claims 26 and 27 stand rejected under 35 U.S.C. § 103 as being unpatentable                         
              over Kimura in view of Nagahara as applied to claim 23 above, further in view of                           
              Winebarger.                                                                                                


                     Claim 34 stands rejected under 35 U.S.C. § 103 as being unpatentable over                           
              Kimura in view of Nagahara as applied to claim 31 above, further in view of Kennedy.                       








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