Ex parte HUGHES - Page 9




          Appeal No. 1998-2308                                                        
          Application No. 08/379,868                                                  


               As pointed out by the appellant (reply brief, page 2), however,        
          Scobey teaches that the individual sputter devices 30 are physically        
          separated by baffles 32 such that the chamber 10 is divided “into           
          different regions or sub-chambers at each sputterer in which                
          different gas atmospheres and/or gas partial pressures can be               
          established.”  (Emphasis added; Figs. 1 and 4; column 7, lines 55-          
          60.)  Therefore, the individual sputter devices 30 described in             
          Scobey cannot be said to be spaced apart in “a chamber having               
          throughout an atmosphere of reactive and inert gases” (emphasis             
          added) as recited in the appealed claims.  Instead, Scobey teaches          
          that the chamber 10 contains a plurality of different atmospheres.          
          While Scobey states that the plasma “extends essentially throughout         
          the vacuum sputtering chamber” (column 9, lines 20-24), this does           
          not make up for the lack of a teaching or suggestion in the applied         
          prior art to conduct the process in an apparatus which contains only        
          one atmosphere throughout the chamber, which contains spaced-apart          
          sputtering and oxidizing stations.                                          
               It is true that, in proceedings before the U.S. Patent and             
          Trademark Office (PTO), claims must be interpreted by giving words          
          their broadest reasonable meanings in their ordinary usage, taking          


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