Ex parte CRIPE et al. - Page 9




          Appeal No. 96-3512                                                          
          Application 08/235,623                                                      


          examiner states that Lau teaches “a cylindrical reactor with 3              
          orifices above one of which sits self-supported a rectangular               
          substrate” (answer, page 4).  Apparently the examiner is                    
          referring to substrate 20; however, this element is not “self-              
          supported” as asserted by the examiner, much less self-supported            
          either on or against the wall of the reaction chamber as required           
          by the claims on appeal.  Instead substrate 20 is supported by              
          substrate holder 18 which in turn is supported by thermocouple 16           
          which in turn is supported by platform 14 (see Fig. 1).  This               
          being the case, we will not sustain the rejection of claims 1-6,            
          9-15 and 18-20 under 35 U.S.C. § 102(b) as being anticipated by             
          Lau.                                                                        
               We consider last the rejections under 35 U.S.C. § 103 of (1)           
          claims 1-7, 9-16 and 18-20 based on the combined disclosures of             
          Lau and Yamazaki and (2) claims 8 and 17 based on the combined              
          disclosures of Lau, Yamazaki and Deaton.  Both of these                     
          rejections are bottomed on the examiner’s view that it would have           
          been obvious to provide the substrate of Lau with one which was             
          made of SiO  in view of the teachings of Yamazaki (see the                  
                     2                                                                
          paragraph bridging pages 4 and 5 of the answer).  However, such a           
          modification of Lau in view of the teachings of Yamazaki does               
          nothing to overcome the basic deficiency of Lau that we have                

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