Ex parte MUKA - Page 2




                  Appeal No. 1999-2335                                                                                                                    
                  Application No. 08/449,809                                                                                                              


                  wherein we sustained the rejection of claims 1-7, 10-12 and                                                                             
                  14-22 under                                                                                                                             
                  35 U.S.C. § 103.   It is the appellant’s position that the3                                                                                                          
                  panel erred in agreeing with the examiner that it would have                                                                            
                  been obvious to one of ordinary skill in the art to modify the                                                                          
                  Turner system by replacing the shelves upon which the                                                                                   
                  substrates are supported during heating with the open trays of                                                                          
                  Yamabe.  Upon reconsideration of this decision in the light of                                                                          
                  the presentation made by the appellant in the Request for                                                                               
                  Rehearing, we have come to the conclusion that our original                                                                             
                  decision on this matter should be modified in conformance with                                                                          
                  the following comments.                                                                                                                 
                           Independent claim 1 is exemplary of the appellant’s                                                                            
                  invention, in that it requires that there be a substrate                                                                                
                  holding stack adapted to hold the substrates in a spaced                                                                                
                  generally “open stacked configuration” such that the sides of                                                                           
                  the substrates directly opposite one another are able to                                                                                
                  directly transfer heat between adjacent substrates.  All of                                                                             


                           3Not sustained were rejections of claims 1-7 and 9-22                                                                          
                  under 35 U.S.C. § 112, first and second paragraphs, and a                                                                               
                  rejection of claims 9 and 13 under 35 U.S.C. § 103.                                                                                     
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