Ex Parte Van Slyke et al - Page 6


          Appeal No. 2004-1962                                                        
          Application No. 09/996,415                                                  

               Soden also states that, as mentioned above, advantages of              
          the second embodiment include lowered temperature requirements              
          for heating of the material in the crucible.                                
               The teachings of Soden that two separate power supply                  
          sources are an alternative to one single power supply are                   
          sufficient to support a prima facie case of obviousness.                    
          Appellants' argument that Spahn’s configuration is adapted for              
          only a single power supply is not convincing because one skilled            
          in the art, in view of the teachings of Soden as discussed                  
          above, would have found it obvious to have modified Spahn’s                 
          configuration accordingly when using two separate power supplies            
          because Soden teaches how to accomplish this.  Furthermore, the             
          reasons discussed in Soden for selecting the embodiment that                
          includes 2 separate power supply sources even further buttress              
          the examiner’s prima facie case.                                            
               We need not address appellants’ and the examiner’s comments            
          with regard to Spahn’s Figure 9 in making the determinations                
          discussed above.  It is sufficient that Soden clearly sets forth            
          alternative embodiments, the first embodiment similar to the                
          embodiment shown in Figure 6 of Spahn and the second embodiment             
          wherein a vaporization heating power supply is separate from a              
          bias heater power supply.  We find no persuasive argument made              
          by appellants to convince us that a modification to the                     
          configuration of Spahn to include two separate power supplies               
          would not have been obvious.                                                
               In view of the above, we affirm each of the art rejections.            








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