Ex Parte JACQUINOT et al - Page 2




                   Appeal No. 2006-1360                                                                                                                               
                   Application No. 09/427,675                                                                                                                         

                             together with (ii) a surfactant, and                                                                                                     
                             wherein said abrasive liquid composition is at a pH of 1-5.                                                                              
                             The examiner relies upon the following references as evidence of unpatentability:                                                        
                   Grover et al. (Grover)                                      5,759,917                                         Jun.    2, 1998                      
                   Jacquinot et al. (Jacquinot)                              6,043,159                                         Mar. 28, 2000                          
                             Claims 17 through 40 stand rejected under 35 U.S.C. §  103 as being obvious over                                                         
                   Jacquinot and Grover.                                                                                                                              
                                                                                                                                                                     
                                                                           OPINION                                                                                    
                   I.        THE 35 U.S.C. §  103 REJECTION OF CLAIMS 17 THROUGH 40 AS BEING                                                                          
                             OBVIOUS OVER JACQUINOT IN VIEW OF GROVER                                                                                                 
                             We refer to the examiner’s position regarding this rejection as set forth on pages 2                                                     
                   through 4 of the answer.  We add that we agree with the examiner’s conclusion that because the                                                     
                   polishing pad of Jacquinot is soaked with an abrasive composition during polishing, the abrasive                                                   
                   liquid composition would get into the abrasive pad because, and this is not disputed by                                                            
                   appellants.                                                                                                                                        
                             The examiner recognizes that Jacquinot does not describe having a surfactant in the                                                      
                   abrasive composition.  The examiner relies upon Grover for teaching a method of polishing an                                                       
                   oxide layer using a surfactant in an abrasive composition, and refers to column 6, lines 38                                                        
                   through 48 of Grover.   Answer, page 2.                                                                                                            
                             The examiner concludes that it would have been obvious in light of Grover to add a                                                       
                   surfactant because Grover teaches that a surfactant is used to improve the within-wafer-                                                           
                   nonuniformity of the wafer, thereby improving the surface of the wafer and reducing wafer                                                          
                   defects.  The examiner refers to column 6, lines 45 through 48 of Grover.  Answer, page 3.                                                         
                             Beginning on page 7 of the brief, appellants argue that there is no reasonable suggestion                                                
                   in the prior art to modify Jacquinot by adding a surfactant to the slurry of Jacquinot.  Brief, pages                                              
                   7 through 8.                                                                                                                                       



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