Ex Parte Gilton - Page 5




              Appeal No. 2006-1466                                                                                     
              Application No. 10/230,838                                                                               

              the wafer support (outlet 33')(see Noda, col. 10, ll. 10-38).                                            
                     In view of our claim construction as discussed above, we agree with the                           
              examiner that the claim elements as required by claim 1 on appeal have been described                    
              by Noda within the meaning of _ 102.  Accordingly, we affirm the examiner’s rejection of                 
              claim 1 on appeal under 35 U.S.C. § 102(e) over Noda.  Claims 9 and 12 have not been                     
              separately argued by appellant, and thus fall with claim 1 (Brief, page 7).                              
                     The decision of the examiner is affirmed.                                                         
                     No time period for taking any subsequent action in connection with this appeal                    
              may be extended under 37 CFR         § 1.136(a)(1)(iv)(2004).                                            




                                                     AFFIRMED                                                          



                 EDWARD C. KIMLIN            )          Administrative                                                 
                                          Patent Judge )                                                               
                                           )                                                                           
                                                  )                                                                    
                                                           )                                                           
                        THOMAS A. WALTZ         ) BOARD OF PATENT                                                      
                                   Administrative Patent Judge )   APPEALS AND                                         
                                                                      )  INTERFERENCES                                 
                                                                )                  )                                   
                     CATHERINE TIMM              )                                                                     
                                   Administrative Patent Judge )                                                       
                                                                                                                       


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