Ex Parte EVANS - Page 6



          Appeal No. 2005-1220                                                        
          Application No. 09/270,606                                 Page 6           

          glycol, is beneficial in such a CMP slurry in improving colloidal           
          behavior and reducing or inhibiting the growth and/or coalescence           
          of particles in the slurry.  See, e.g., column 3, lines 13-26,              
          column 4, lines 18-29 and column 6, lines 8-64 of Grover and                
          column 3, lines 32-39 and column 3, line 61 through column 4,               
          line 13 of Burke.                                                           
               Furthermore, we agree with the examiner that the polishing             
          step of Kodera employing such a modified cerium oxide slurry                
          would have obviously resulted in Kodera employing high and low              
          area removal rates corresponding to the claimed rates upon                  
          routine experimentation to determine the workable operating                 
          parameters for the polishing given that substantially the same              
          polishing slurry is being used in a substantially similar way to            
          achieve substantially the same object of planarization of a                 
          silicon dioxide layer including high and low structure areas                
          during a semiconductor CMP polishing step by both appellant and             
          Kodera.  See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-            
          34 (CCPA 1977).                                                             
               With further regard to this matter, we note that                       
          representative claim 1 calls for polishing rates such that low              
          structure areas are polished at a substantially zero rate and               
          high structure areas are polished at a rate approximating the               





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