Ex Parte Ohmori - Page 3



               Appeal 2005-2100                                                                                                    
               Application 09/826,038                                                                                              
                On page 5 of the Brief,  Appellant also argues that Funk fails to use both wet                                     
               etching and dry etching in a single set of processing steps, and that the wet etching                               
               takes place after dry etching.                                                                                      
               In the paragraph bridging pages 5 and 6 of the Brief, Appellant argues that the                                     
               Examiner has failed to establish a realistic motivation to modify Funk so as to arrive at                           
               the claimed limitation of performing wet etching after dry etching.  Appellant argues                               
               that the Examiner’s assertion that “it would have been obvious to one with ordinary                                 
               skill in the art to perform various processes in various sequences depending on the                                 
               specific product requirement” is overly broad and based on generalities.  Brief, page 6.                            
                                                                                                                                  
                Appellant also states that the specific claimed variable that is to be acquired after                              
               the dry etching and later used to determine processing requirements of the wet etching                              
               is the dimension of the film.  Brief, page 7.  Appellant states that he is unable to                                
               determine whether the FICD measurement disclosed at column 5, lines 36 through 37                                   
               of Funk corresponds to the claimed dimension of the film. Brief, page 7.                                            
               We are unpersuaded by Appellant’s arguments for the following reasons.                                              
               We begin first with Appellant’s specification which indicates that the crux of                                      
               their invention is the ability of reflecting the state of a wafer in the requirements for                           
               processing the wafer through use of the feedforward technique (Specification, p. 2, ll.                             
               10-14).  The method includes a first step of acquiring a measurement value pertaining                               
               to a wafer to be subjected to a predetermined processing process.  The method also                                  
               includes a second step of determining processing requirements for the predetermined                                 
               processing process on the basis of the measurement value.  The method further                                       
               includes a third step of performing the predetermined processing process in accordance                              
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