Ex Parte SHIH et al - Page 6



          Appeal No. 2003-0626                                                        
          Application No. 09/410,896                                                  
          coolant’ as suggested by the Examiner.”  Appeal brief, page 6.              
          Appellants further point out that cooling of the electrostatic              
          chuck 105 is actually achieved using a plurality of grooves 236             
          in the cooling plate 234.  Id.                                              
               Like the examiner, we are unpersuaded by appellants’                   
          arguments which are directed towards the intended use of the                
          claimed apparatus.  See examiner’s answer, page 7.  As properly             
          pointed out by the examiner, anticipation only requires that                
          Flanigan’s grooves be capable of enhancing cooling or any other             
          type of heat transfer.  See examiner’s answer, page 7.  Since               
          Flanigan’s grooves are designed to allow a “heat transfer” gas to           
          be pumped under the wafer, we are in agreement with the examiner            
          that Flanigan anticipates the claim limitation of allowing a                
          cooling fluid to flow therethrough to cool a high temperature               
          wafer positioned on the chuck.  See id.                                     
               Accordingly, the rejection of claims 16, 18 and 20 under 35            
          U.S.C. § 102(e) is affirmed.                                                
               Rejection of claims 1-3, 5, 8-10, 16 and 18-20 under 35                
          U.S.C. § 103 as unpatentable over Moslehi                                   
               The examiner found that Moslehi discloses the invention as             
          claimed with exception that Moslehi “does not specify that the              
          dimensions of grooves 88 and 90 as having any particular value or           
          range of values nor does it show more than two circular                     
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