Ex Parte Bellman et al - Page 3

                 Appeal 2007-0413                                                                                       
                 Application 10/722,769                                                                                 
                        We have thoroughly reviewed each of Appellants’ arguments for                                   
                 patentability.  However, we find that the Examiner’s rejections are well-                              
                 founded to the extent they are based on 35 U.S.C. § 103.                                               
                        Yano, like Appellants, discloses a CMP process for polishing                                    
                 materials comprising an aqueous dispersion of multi-component particles                                
                 comprising metal oxides, such as alumina, silica, titania, etc. (Yano col. 7, ll.                      
                 8-10).  The dispersion of Yano comprises the inorganic particles of metal                              
                 oxide electrostatically bonded to polymeric particles, and, as such, reads on                          
                 the presently claimed multi-component particles of a mixed-oxide.  In our                              
                 view, the broadest reasonable interpretation of the recited “multi-component                           
                 particles of a mixed-oxide” includes the particles of Yano having more than                            
                 one component, i.e., a polymer and a metal oxide.  The claim language does                             
                 not require that the components of the particles be different, separate metal                          
                 oxides.  In any event, we fully concur with the Examiner that the Yano                                 
                 disclosure that “[t]hese polymer particles and inorganic particles may be of a                         
                 single type, or two or more types may be used in combination” teaches, or at                           
                 least suggests, that the inorganic particle may be a mixture of alumina, silica,                       
                 titania, etc. (Yano col. 7, ll. 10-12).  We are not persuaded by Appellants’                           
                 argument that the pertinent reference disclosure “means that the particles                             
                 with single but differing constituents as listed are used in combination” (Br.                         
                 8, penultimate ¶).                                                                                     
                 A principal argument of Appellants is that the particles in the Yano                                   
                 slurry are agglomerated, unlike the claimed non-agglomerated particles.                                
                 However, Yano clearly teaches that the slurry is a dispersion of particles that                        
                 preferably has a particle size in the range of 0.01-0.3 micron (Yano, col. 9,                          
                 ll. 6-9).  Since a dispersion of particles would not be considered an                                  

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