In re Applied Materials, Inc., No. 11-1461 (Fed. Cir. 2012)
Annotate this CaseIntegrated circuits are formed on a substrate “by the sequential deposition of conductive, semiconductive or insulative layers” that are “etched [after deposition] to create circuitry features.” Because the substrate surface becomes increasingly non-planar through this process, the substrate must be periodically flattened. CMP is a method in which the substrate is placed against a rotating polishing pad, and a polishing slurry is applied. Problems included the uneven distribution of slurry, the accumulation of waste material during pad conditioning, and a polishing problem associated with pad flexibility. The claimed inventions are “sufficiently rigid” pads with grooves that advantageously distribute the slurry, remove waste material, and increase pad life. Applied’s amended patents were rejected on reexamination as obvious under 35 U.S.C. 103(a) based on prior art. The Board and the Federal Circuit affirmed. The Board correctly found the limited evidence Applied provided of commercial success could not over-come the prima facie finding of obviousness.
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