Appeal 2006-3247
Application 10/345,055
inspecting a surface of the specimen with a contact image
sensor to detect defects on the surface of the specimen;
forming an image of a front side of the specimen; and
measuring an intensity of light reflected from the front
side of the specimen to determine a characteristic of a structure
on the front side of the specimen.
B. REJECTION
Claims 1-6, 10, 11, 13-17, 19, 20, 22-29, 31, 32, and 34-41stand
rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent
No. 6,806,951 B2 ("Wack").1
II. CLAIM GROUPING
"When multiple claims subject to the same ground of rejection are
argued as a group by appellant, the Board may select a single claim from the
group of claims that are argued together to decide the appeal with respect to
the group of claims as to the ground of rejection on the basis of the selected
claim alone. Notwithstanding any other provision of this paragraph, the
failure of appellant to separately argue claims which appellant has grouped
together shall constitute a waiver of any argument that the Board must
1 In accordance with M.P.E.P. §1207.02 (8th ed., Rev. 3, Aug. 2005), the
Examiner should have listed Wack in the Evidence Relied Upon section of
his Examiners' Answer. We find such an omission, however, harmless to the
disposition of the instant appeal.
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