Ex parte KOJIMA et al. - Page 2




          Appeal No. 95-0142                                                          
          Application 07/817,961                                                      


          supplying an inactive gas into the processing vessel and                    
          exhausting the vessel while supplying the inactive gas during as            
          well as after unloading the wafer from the wafer mounting surface           
          in the vessel.  Further details of this appealed subject matter             
          are set forth in illustrative claim 25, a copy of which taken               
          from the appellants' brief is appended to this decision.                    
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Ukai et al. (Ukai)          4,816,638               Mar. 28, 1989           
          Jucha et al. (Jucha)        4,915,777               Apr. 10, 1990           
                                                       (filed Mar. 2, 1989)           
               All of the appealed claims are rejected under the first                
          paragraph of 35 U.S.C. § 112 which the examiner considers to be             
          violated by the last two steps recited in each of the independent           
          claims on appeal.                                                           
               All of the appealed claims are newly rejected in the answer            
          under 35 U.S.C. § 103 as being unpatentable over Jucha in view of           
          Ukai.                                                                       
               We refer to the principal and reply briefs and to the                  
          principal and supplemental answers for a complete exposition of             
          the opposing viewpoints advanced by the appellants and the                  
          examiner concerning the above-noted rejections.                             
                                       OPINION                                        
               We cannot sustain either of these rejections.                          

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