Appeal No. 2006-0629 Παγε 7
Application No. 10/668,021
refer to, but not limited to, mechanical CMP pressure related
components including a wafer carrier, a polishing pad, and
mechanical are members of a CMP machine.” However, we find from
this passage, and our review of the entire Lin reference, that
the broad reference to the pressure components were not limited
to the disclosed elements is not a disclosure of a conditioner,
even though it may have suggested a conditioner to an artisan.
Turning to Berman, we agree with the examiner (answer, pages
4 and 5) that Berman discloses having the conditioner engage the
surface of the pad with a known and repeatable force. However,
the fact that conditioning is a known CMP process does not
necessarily mean that conditioning is inherent in Lim. Inherency
cannot be established by possibilities or probabilities but must
necessarily flow from the disclosure of the reference. In this
instance, we find that conditioning is not inherent in Lin. In
any event, even if we found that conditioning was inherent in Lin
as a pressure related component, as advanced by the examiner, the
language of claim 1 would still not be met. Claim 1 requires
that the pressure sensitive material is located between the
conditioner and the polishing pad. In Lin, the pressure
sensitive sheet is located between the wafer and the polishing
pad. Thus, even if Lin inherently disclosed a conditioner, we
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