Appeal 2007-1394 Application 10/301,464 furnished by Babb.1 Moreover, such a familiar shape would have been readily recognized by one of ordinary skill in the art as a film member shape useful for reducing wafer contamination by the known problem of shedding film because of the relatively smaller contact area of such a ring shape member relative to a disc shaped wafer to be held thereby (see, e.g., Yang, col. 6, l. 66-col. 7, l. 4). In addition, as the Examiner maintains, the use of such an O-ring shape would be advantageous in holding a wafer on the plate via vacuum because of the sealing effect thereof as taught by Babb. In any event, the wet removal/ dry addition argument has not been fairly developed by Appellants to persuasively explain why an edge ring shape, such as the O-ring shape of the wafer holder of Babb, would not have been recognized as being an available and useful shape (edge contact ring shape) for a film member of a CMP wafer holder for placing on top of the pedestal plate (vacuum chuck) of Yang or the APA given the artisan’s desire to select a film member shape or film member design that reduces the area of contact of the film with a wafer being held thereby. Thus, Appellants have established no reversible error in the Examiner’s rejection of independent claims 5 and 15 and dependent claim 16. Dependent claims 6 and 17 require that the edge-contact ring is made of a silicon-based material whereas dependent claims 7 and 18 require an elastomer-based material for the contact ring. The Examiner has determined 1 For example, we note that plurality of annular-shaped pedestal film members employed by Yang (Fig. 7, element 513), which shape for the members one of ordinary skill in the art would have reasonably recognized as being a suitable shape for covering the annular periphery of the pedestal plate and not just the center opening in the plate, as an option. 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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