Ex Parte Wack et al - Page 9

                 Appeal No. 2006-3246                                                                                     
                 Application No. 09/956,849                                                                               

                 specificity and to so interpret the claim language would be to import                                    
                 limitations to the claim, which we cannot do.                                                            
                      Appellants additionally argue that Moore fails to teach or suggest                                  
                 measuring ellipsometric parameters of a substrate or a layer as a function of                            
                 wavelength and that the ellipsometer of Moore includes single wavelength-                                
                 type optical components (Brief, p. 10).   We do not find this argument                                   
                 persuasive since we find the language of claim 6192 merely recites                                       
                 “spectroscopic ellipsometer is configured to generate one or more output                                 
                 signals responsive to the at least one property of the specimen during use.”                             
                 We find no language which supports Appellants argument.  Therefore,                                      
                 Appellants' argument is not persuasive, and we will sustain the rejection of                             
                 claim 6192 and independent claims 6252, 6312, 6432, 6492, and 6548 and                                   
                 dependent claims 6193-6196, 6203-6211, 6214-6215, 6217-6220, 6222,                                       
                 6230-6232, and 6243-6251, which Appellants have chosen to group                                          
                 therewith.                                                                                               
                      With respect to dependent claim 6199, the Examiner cites to columns 3                               
                 and 5 of Moore to teach and suggest that the system determines thickness                                 
                 and adjusts the process which would have involved the processor (Answer,                                 
                 pp. 6, 18, and 19).  Appellants argue that Moore does not teach a processor                              
                 configured to determine defects on a specimen (Brief, p.11). We disagree                                 
                 with Appellants, and we will sustain the rejection of claim 6199.                                        
                      With respect to dependent claim 6201 and 6202, Appellants argue that                                
                 the cited art does not teach or suggest a spectroscopic ellipsometer which is                            
                 configured to image at least an area of a specimen so that a property of the                             
                 specimen can be determined at multiple locations substantially                                           

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