Appeal No. 1998-0039
Application No. 08/372,701
that the high pressure step is accomplished at 10 millitorr
(translation, page 7), which is below the claimed high
pressure of 11 millitorr which is “sufficient to avoid arcing
between said substrate and said shield” (see claim 29, step
b), and claim 32). Finally, Ku does suggest the use of
varying pressures during metal deposition to adjust the
“membrane deflection” but does not teach or suggest the use of
high pressure in a first step followed by a conventional low
pressure step (see Ku, paragraph bridging pages 2176-2177).
For the foregoing reasons, we determine that the examiner
has not established a sufficient factual basis on this record
to support a prima facie case of obviousness. “Where the
legal conclusion [of obviousness] is not supported by facts it
cannot stand.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ
173, 178 (CCPA 1967). Accordingly, the examiner’s rejection
of claims 29-43 under section 103 over the admitted prior art
in view of
JP ‘672, JP ‘961 or Ku is reversed.
The decision of the examiner is reversed.
REVERSED
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