Appeal No. 2006-0378 7
Application No. 10/052,703
The Examiner finds that Chen describes a heater stage 40
located in a lower portion of the process chamber 30 and a
separating device 44 arranged between the process chamber 30 and
the heater stage 40. But the Examiner makes no finding that the
separating device 44 is located between the bottom of the process
chamber and the bottom of the heater stage. In fact, as shown in
Figure 1 of Chen, the separating device (insulating ring 44) is
located on an upper surface of what the Examiner finds is the
heater stage 40, not the bottom surface thereof. Because the
Examiner has failed to establish that each and every limitation
of claim 9 is met by Chen, we find that the Examiner has failed
to establish anticipation of the subject matter of claim 9 and
claims 12, 14, 15, and 19 dependent thereon within the meaning of
35 U.S.C. § 102.
The Examiner rejected claims 10, 11, 13, 16-18, and 20-37
under 35 U.S.C.
§ 103(a) as unpatentable over Chen in view of Sato.
Claims 10, 11, 13, and 16-18 are dependent on claim 9.
According to the Examiner, “[i]t would have been obvious to one
of ordinary skill in the art at the time the invention was made
to replace Chen’s wafer supporting and heating structure with
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