Ex Parte Mui et al - Page 15

                Appeal 2007-1269                                                                              
                Application 10/636,468                                                                        
                performance drift when the process rate trend exceeds the limit level.  (Br.                  
                11; Reply Br. 6.)  We do not agree.                                                           
                      The plain meaning of the claim term "trend" is "a general or                            
                prevailing tendency or course."  Webster's New World Dictionary Third                         
                College Edition 1425 (1994).  Therefore, the plain meaning of the claim                       
                term "process rate trend" is the general or prevailing tendency or course of                  
                the process rate.                                                                             
                      Pasadyn teaches that data from an integrated metrology tool is                          
                correlated to corresponding semiconductor wafers.  (FF 3.)  Pasadyn also                      
                teaches that the pre-process and post-process data are analyzed to evaluate                   
                the accuracy of the process being performed on the semiconductor wafers,                      
                and that the data analysis results are used to modify the parameters that                     
                control the process.  (FF 4.)                                                                 
                      Although Pasadyn does not explicitly teach computing a process rate                     
                trend as part of the data analysis, this limitation would have required no                    
                more than ordinary skill and common sense, and was within the level of                        
                ordinary skill in the art as demonstrated by the teachings of Pasadyn and                     
                Liu.  Pasadyn teaches data comparison and analysis, and Liu teaches                           
                computing a process rate.  Pasadyn also teaches that a series of wafers are                   
                processed in sequence.  (FF 2.)  As the wafers were processed in sequence, it                 
                would have been common sense to also compute a process rate trend for the                     
                wafers by tracking the process rate for each individual wafer in the                          
                sequence.                                                                                     
                      Tracking the change in process rate over time as the wafers are                         
                processed -- i.e., a process rate trend -- would be within the level of ordinary              
                skill in the art.  We also agree with the Examiner that Pasadyn teaches                       

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