Ex Parte Bjelopavlic et al - Page 6



          Appeal No. 2005-1108                                                        
          Application No. 10/442,900                                                  
          Zhang’s teachings, a result which clearly would be untenable.4              
          Decreasing the thickness of the plate/blank ostensibly would                
          weaken same and surely reduce its useful life due to wear.  As              
          pointed out by the appellants, Zhang evidences no appreciation of           
          the problem solved by the claimed provision of an insert having a           
          thickness at least about 20 microns greater than the thickness of           
          the plate, namely: to inhibit removal of contaminating material             
          from the plate and any resulting contamination of the wafer.                
          Indeed, Zhang’s allowance that the inserts need not be replaced             
          until they are slightly thinner than the plate would exacerbate             
          this problem even while solving the particular wafer quality                
          problem addressed by the reference.  Given the totality of these            
          circumstances, it is apparent that the only suggestion for                  
          modifying Zhang’s wafer carrier such that the thickness of the              
          insert is at least about 20 microns greater than the thickness of           
          the plate as recited in independent claims 1 and 20 stems from              
          hindsight knowledge impermissibly gleaned from the appellants’              
          disclosure.                                                                 


               4 Zhang explains with respect to a prior art ring R (see               
          Figure 7), which corresponds to the inserts 39, that the ring               
          must be “slightly thinner than the wafer, so that the pads of the           
          polishing machine will contact substantially the entirety of both           
          sides of the wafer” (column 1, lines 22 through 24).                        
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