Appeal No. 2002-0128
Application No. 08/878,588
probabilities or possibilities. The mere fact that a certain
thing may result from a given set of circumstances is not
sufficient.” Id. citing Continental, 948 F.2d at 1269, 20 USPQ2d
at 1749.
We further find to be unfounded the Examiner’s reliance on
the illustrations in Figures 5 and 9 of Chae as supporting the
conclusion that the beam movement pitch and transistor
arrangement pitch are related as in Appellants’ claims. Although
Chae’s Figure 5b shows the defect regions as falling outside of
the transistor channel regions in the particular illustrated
transistors, there is no indication anywhere in Chae that this
will occur throughout the transistor layout on the substrate or
would occur as a result of the control of beam movement pitch in
a particular relationship to transistor arrangement pitch.
Similarly, in our view, the Figure 9 illustration in Chae does
not support the Examiner’s assertion, since it merely illustrates
the overlapping boundary regions spaced apart according to the
movement pitch of the beam. The Examiner must not only make
requisite findings, based on the evidence of record, but must
also explain the reasoning by which the findings are deemed to
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