Appeal 2007-2850
Application 10/155,015
The invention relates to a slurry for chemical mechanical polishing in
semiconductor fabrication. (Specification 1:10-15). Claim 6 is illustrative
of the invention and is reproduced below:
6. A polishing composition comprising a CMP slurry, wherein said
CMP slurry comprises polishing abrasives containing a mixed-crystal
abrasive of silica and alumina, said CMP slurry having a pH ranging from
about 4 to about 7, and further wherein said CMP slurry further comprises at
least one oxidizing agent.
The Examiner relies on the following prior art references to show
unpatentability:
Baines US 4,036,950 Jul. 19, 1977
Fromson US 4,183,788 Jan. 15, 1980
Hayes US 4,659,504 Apr. 21, 1987
Kutsch US 6,149,895 Nov. 21, 2000
The Examiner made the following rejections:
Claims 6 and 15 under 35 U.S.C. § 103 as unpatentable over Baines as
evidenced by Fromson and Kutsch.
Claims 16 and 18 under 35 U.S.C. § 103 as unpatentable over Baines
as evidenced by Fromson and Kutsch and further in view of Hayes.
ISSUE
Appellants contend that the Examiner failed to establish a prima facie
showing of obviousness because the applied prior art fails to disclose or
suggest a “mixed-crystal abrasive” as recited in the claims. The Examiner
contends that, broadly interpreted, the term “mixed-crystal” reads on
Baines’ mixture of two crystalline forms, i.e., a mixture including two
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