Ex Parte Ohmori - Page 2



               Appeal 2005-2100                                                                                                    
               Application 09/826,038                                                                                              

               acquiring, after said step of dry etching, the dimension of the film to be                                          
               processed;                                                                                                          
               determining processing requirements for said step of wet etching on the basis of                                    
               the dimension of the film to be processed; and                                                                      
               wherein said step of wet etching is performed in accordance with the processing                                     
               requirements.                                                                                                       
               The Examiner relies upon the following reference as evidence of unpatentability:                                    
               Funk                                        US 6,148,239                                 Nov. 14, 2000              
               Claim 6 stands rejected under 35 U.S.C. § 103(a) as being obvious over Funk.                                        
                                                             OPINION                                                               
               I.   The Art Rejection                                                                                              
               The Examiner’s position for this rejection is set forth on page 3 of the Answer.                                    
               Beginning on page 4 of the Brief, Appellant asserts that Funk fails to teach the                                    
               following claimed features:                                                                                         
                       (a)     the specific set of processing steps (i.e., dry etching and wet etching);                           
                       (b)    the specific order in which these processing steps are to be performed (i.e.,                        
                       wet etching after dry etching); and                                                                         
                       (c)      the specific variable (i.e., dimension of the film) that is to be acquired                         
                       after the dry etching and later used to determine processing requirements of the                            
                       wet etching.                                                                                                




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