Ex Parte Bellman et al

Board of Patent Appeals and Interferences

Feb 6, 2007

10722769 (B.P.A.I. Feb. 6, 2007)

The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ROBERT A. BELLMAN, ROBERT SABIA,
LJERKA UKRAINCZYK, and MARC J. WHALEN
____________

Appeal 2007-0413
Application 10/722,769
Technology Center 1700
____________

Decided: February 6, 2007
____________

Before EDWARD C. KIMLIN, THOMAS A. WALTZ, and PETER F.
KRATZ, Administrative Patent Judges.

KIMLIN, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal from the final rejection of claims 1-6, 8-12, 14-24,
and 26-31. Claims 7, 13, and 25 stand withdrawn from consideration
pursuant to an election requirement. Claim 1 is illustrative:
1. A chemical-mechanical manufacturing process for planarizing
or polishing semiconductor, metal, dielectric, glass, polymer, optical, and
ceramic materials, the process comprising:
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Application 10/722,769

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a) providing a workpiece;

b) providing a chemical-mechanical planarizing colloidal
slurry, said slurry comprising non-agglomerated multi-component particles
of a mixed oxide, oxyfluoride, or oxynitride composition, each particle
exhibiting a modified surface chemistry performance and having an
isoelectric point (pHIEP) greater than the pH of dispersed particles in
solution; and

c) abrading a surface of said workpiece with said multi-
component particles.

The Examiner relies upon the following reference in the rejection of
the appealed claims:
Yano US 6,740,590 B1 May 25, 2004
Appellants’ claimed invention is directed to a chemical-mechanical
manufacturing process (CMP) for planarizing or polishing a semiconductor,
metal, dielectric, etc. The process entails using a CMP colloidal slurry
comprising non-agglomerated multi-component particles of a mixed oxide,
oxyfluoride, or oxynitride composition.
Appealed claims 1-3 stand rejected under 35 U.S.C. § 102(e) as
anticipated by, or in the alternative, under 35 U.S.C. § 103(a) over Yano.
Claims 4-6, 8-12, 14-24, and 26-31 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Yano.
With the exception of the group of claims 16-20, Appellants do not
present an argument that is reasonably specific to any particular claim on
appeal. Accordingly, with the noted exception, all the appealed claims stand
or fall together with claim 1.
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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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agglomeration of the particles, and the preferred particle size range for
Yano’s dispersed particles corresponds to Appellants’ particle size, we find
no factual basis for concluding that the claimed slurry of non-agglomerated
multi-component particles patentably distinguishes over the dispersion of
aggregated multi-component particles of Yano. As pointed out by the
Examiner, Figures 2 and 8 of Yano depict a dispersion of non-agglomerated
aggregate particles. Furthermore, the appealed claims do not define the
degree of minimal agglomeration that qualifies as “non-agglomerated.” In
our view, it is reasonable to conclude that the slurries of both Appellants and
Yano experience some low-level of agglomeration, and Appellants have
presented no objective evidence which establishes that slurries within the
scope of the appealed claims are in some way different than the dispersed
slurries of Yano with respect to the level of agglomeration.
As for the separately argued particle size ranges recited in claims 16-
20, the Examiner appropriately cites col. 9, ll. 6-9 of Yano.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
would serve to rebut the inference of obviousness established by Yano.
In conclusion, based on the foregoing, the Examiner’s decision
rejecting the appealed claims is affirmed.
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Application 10/722,769

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No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(I)(iv)(2005).
AFFIRMED

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