Appeal No. 96-0377
Application 07/979,254
Further, the [Iwashiro] reference[]
does not discuss any problem of short-
circuit discharge, so that it is not
established that any “common problem”
exists.
Looking at Appellants’ invention, we note that inner
electrode 10 and table 8 are grounded with base plate 1.
Outer electrode 5 is insulated from grounded base plate 1 by
the tubular reaction chamber 3, made of synthetic quartz. One
would suspect that further insulation, by way of plate 2,
would not be needed. Without recognition of the problem, one
would not seek a solution.
The Examiner has failed to set forth a prima facie
case. It is the burden of the Examiner to establish why one
having ordinary skill in the art would have been led to the
claimed invention by the reasonable teachings or suggestions
found in the prior art, or by a reasonable inference to the
artisan contained in such teachings or suggestions. In re
Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983).
The Examiner has shown no reason to believe a discharge
problem existed with a coaxial plasma etching apparatus.
Appellants have found the problem and solved it.
Steinberg recognizes a problem of charge discharge,
but it is a different problem. Steinberg’s chamber retains
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