Ex Parte YANG et al - Page 6




          Appeal No. 2002-0974                                                        
          Application 09/332,745                                                      

          Additionally, appellants disclose and claim 1 requires that the             
          cooling effected while the temperature is above 1000°C is                   
          obtained while the susceptor is withdrawn from the wafer. This              
          has the effect of increasing the cooling rate. When the susceptor           
          is removed the wafer is supported by pins thereby limiting the              
          contact of the wafer with other hot surfaces.                               
               Appellants have chosen to argue the patentability of their             
          claims over the cited references based on patentability of claim            
          1 as representative of claims 1 through 8 (see page 6 of the                
          brief); claim 9 as representative of claims 9 through 27 (see               
          page 12 of the brief); claim 28 as representative of claims 28              
          through 33 and 35 through 38 (see page 15 of the brief); and,               
          claim 34 as standing or falling on its own (see page 15 of the              
          brief). After a careful consideration of the entire record before           
          us, we conclude that the examiner has made out a prima facie case           
          of obviousness which has not been rebutted. Accordingly, for the            
          reasons which follow, we shall affirm the examiner's rejection.             
                         THE REJECTION OF CLAIMS 1 THROUGH 8                          
               The examiner has rejected claims 1 through 8 over the                  
          combined disclosures of Asayama et al., Inoue et al and Nakagawa            
          et al. We agree with the examiner that Asayama et al. is evidence           
          that at the time appellants made their invention it would have              

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