Ex parte FU - Page 5




          Appeal No. 95-3451                                                          
          Application No. 08/097,588                                                  


          When this claim is so interpreted, the above noted limitation               
          is satisfied by virtue of the fact that patentee’s diffusing                
          means 262 has a smaller circumferential radius than does the                
          outer wall of support ring or “tube” 264.                                   
               In light of the foregoing, we will sustain the examiner’s              
          § 103 rejection of independent claim 9 and of nonargued                     
          dependent claims 10, 15, 30 and 31 as being unpatentable over               
          Hansen.                                                                     
               We will also sustain the § 103 rejection based on Hansen               
          of claims 13, 14 and 19 through 23.  This is because we are                 
          unpersuaded by the appellant’s argument that Hansen contains                
          no teaching or suggestion of the features in claims 13, 14 and              
          19 which involve changing (e.g., by raising) the pressure                   
          within the chamber.  Although the chamber pressure is                       
          maintained at a constant level during portions of patentee’s                
          method, this pressure is unquestionably decreased and                       
          increased at other portions (e.g., during the anneal step) of               
          the method; see Table I at columns 9 and 10 as well as lines                
          37 through 67 in column 13 and lines 16 through 21 in column                
          14.                                                                         


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