Appeal No. 2005-1086 2
Application No. 09/032,305
The subject matter on appeal is directed to a process for treating a polished
semiconductor wafer with an aqueous treatment solution to oxidize a polished surface of
the semiconductor wafer immediately after the semiconductor wafer has been polished.
See the specification, page 1, in conjunction with claim 141. Details of the appealed
subject matter are recited in representative claim 14 which is reproduced below:
14. Process for treating a semiconductor wafer, comprising polishing the semiconductor
wafer;
immediately after polishing the semiconductor wafer removing the semiconductor
wafer from a polishing plate;
immediately after removing the semiconductor wafer from the polishing plate,
bringing the semiconductor wafer into contact with an aqueous treatment agent solution for
oxidizing a polished surface of the semiconductor wafer by action of the aqueous
treatment agent solution,
the wafer being brought into contact with the aqueous treatment agent solution in a
manner which is selected from the group consisting of (a) spraying the semiconductor
wafer with the aqueous treatment agent solution, (b) dipping the semiconductor wafer into
the aqueous treatment agent solution and (c) applying the aqueous treatment solution to
the polished surface of the semiconductor wafer by means of a cloth which has been
moistened with the aqueous treatment agent solution; and
cleaning the semiconductor wafer.
By virtue of using the transitional term “comprising,” in claim 1 on appeal, the
appellants permit the inclusion of steps, elements and materials other than those claimed.
In re Baxter, 656 F.2d 679, 686-87, 210 USPQ 795, 802-03 (CCPA 1981)(“As long as one
1 Appellants stipulate that “[a]ll of the claims, on appeal, stand or fall together.” See the Brief,
page 6. Therefore, for purposes of this appeal, we select claim 14 as representative of all the claims on
appeal and decide the propriety of the examiner’s rejection below based on this claim alone consistent
with 37 CFR § 1.192(c)(7)(2003) and 37 CFR § 41.37(c)(1)(vii) (2004).
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