Ex Parte Bergman - Page 3

                Appeal 2007-1684                                                                             
                Application 10/998,278                                                                       
                Appellant does not dispute the Examiner's factual determination that                         
                DeGendt, like Appellant, discloses a method for cleaning a workpiece, such                   
                as a wafer, comprising the steps of heating the workpiece, providing water                   
                vapor and ozone gas into the chamber and effecting a reaction between the                    
                ozone gas and contaminants to clean the workpiece.  It is Appellant's                        
                principal contention that DeGendt provides no teaching or suggestion of                      
                pressurizing the chamber to an above ambient pressure.  According to                         
                Appellant, "there is no recognition of use of above ambient pressure in                      
                processing" (Br. 4, second para.).                                                           
                      We do not subscribe to Appellant's position.  As pointed out by the                    
                Examiner, the claim 1 recitation "pressurizing the chamber to an above                       
                ambient pressure" encompasses or embraces chamber pressures of only                          
                slightly greater than ambient and, thereby, provides no patentable distinction               
                over the DeGendt disclosure that "[t]he pressure conditions in the tank are                  
                about atmospheric conditions" (col. 5, ll. 35-36, emphases added).  It can not               
                be gainsaid that there is no meaningful distinction between the "about                       
                atmospheric" pressure of DeGendt, which would include, for example, 1.1                      
                atmospheres, and the presently claimed "above ambient pressure," which                       
                would also include 1.1 atmospheres.                                                          
                      Also, we find no error in the Examiner's reasoning that the elevated                   
                temperatures disclosed by DeGendt would necessarily result in a chamber                      
                pressure in excess of atmospheric pressure.  DeGendt expressly teaches that                  
                "high temperature results in more efficient cleaning" (col. 7, ll. 34-35), and it            
                is fundamental that an increase in temperature of a sealed chamber, such as                  
                the one admittedly disclosed by DeGendt, necessarily results in an increase                  
                in pressure.  Also, like Appellant, DeGendt teaches that an increase in ozone                

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