Ex Parte EVANS - Page 13



          Appeal No. 2005-1220                                                        
          Application No. 09/270,606                                Page 13           

          silicon dioxide layer relative to lower portions of that layer to           
          be persuasive.                                                              
               With regard to representative claim 4 and appellant’s second           
          claim grouping, appellant also maintains that the ethylene glycol           
          component of the polishing slurry, as required by that claim is             
          not suggested by the combined teachings of the references.                  
          However, for reasons set forth above and in the answer, we                  
          disagree.  The use of slurry  modifiers including a dispersing or           
          suspension agent, such as ethylene glycol is clearly suggested by           
          the teachings of those combined references so as to aid in the              
          dispersion of the cerium oxide and any other abrasive particles             
          in the polishing slurry.  One of ordinary skill in the art would            
          have readily determined the workable and optimum amounts of such            
          a result effective suspension agent to be used in the polishing             
          slurry upon routine experimentation.  Consequently, those                   
          additional arguments do not overcome the examiner’s obviousness             
          rejection of the second group of claims.                                    
               Concerning representative claim 13 of appellant’s third                
          claim grouping, we recognize that a substantially zero polishing            
          rate for low structures is not required therein albeit an                   
          approximately blanket rate of polishing the high structure areas            
          is required.  For reasons stated above and in the answer, we find           
          that high structure polishing rate as called for in                         




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