Ex Parte Carpenter et al - Page 1



           The opinion in support of the decision being entered today was not     
           written for publication and is not binding precedent of the Board.     


                     UNITED STATES PATENT AND TRADEMARK OFFICE                    
                                  _____________                                   
                        BEFORE THE BOARD OF PATENT APPEALS                        
                                AND INTERFERENCES                                 
                                  _____________                                   
                Ex parte CRAIG M. CARPENTER and RAYNALD B. CANTIN                 
                                  _____________                                   
                               Appeal No. 2006-0595                               
                            Application No. 09/932,860                            
                                 ______________                                   
                                     ON BRIEF                                     
                                 _______________                                  
         Before WALTZ, JEFFREY T. SMITH, and FRANKLIN, Administrative             
         Patent Judges.                                                           
         WALTZ, Administrative Patent Judge.                                      
         DECISION ON APPEAL                                                       
              This is a decision on an appeal from the primary examiner’s         
         non-final rejection of claims 1 through 5 and 7 through 13, which        
         are the only claims pending in this application.  Although the           
         action appealed from is a non-final rejection, we have                   
         jurisdiction since the claims have been twice presented and              
         rejected.  See 35 U.S.C. § 134 (2003); Ex parte Lemoine, 46              
         USPQ2d 1420, 1422-23 (Bd. Pat. App. & Int. 1998).                        
              According to appellants, the invention is directed to a             
         deposition chamber, such as for chemical vapor deposition (CVD)          




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