Ex Parte He et al - Page 5

                Appeal 2007-1394                                                                             
                Application 10/301,464                                                                       
                      Thus, one of ordinary skill in the art would have recognized that                      
                lessening the area of the film contact with the plate and the wafer would                    
                reduce the amount of contaminant material from the film left on a wafer                      
                surface after being held on a plate having such a reduced area film covering.                
                Indeed, as the Examiner points out, Yang expressly teaches that the use of a                 
                pedestal plate film covering minimal areas on a pedestal plate for supporting                
                a wafer reduces the contamination of the wafer from the film residue                         
                (Answer, 4; Yang, col. 6, l. 66-col. 7, l. 4).  Thus, the applied APA and Yang               
                teach or suggest that the contact area (shape) of a film interposed between                  
                the pedestal plate and wafer should provide support for the wafer held on the                
                plate film covering yet the film covering should be minimally sized to                       
                reduce contamination of the wafer by the film particles.                                     
                      However, the Examiner has determined that both the APA and Yang                        
                lack an express description of a pedestal plate film presented in an edge                    
                contact ring shape, as Appellants’ appealed claims require (Answer 5 and 6).                 
                Hence, the Examiner has identified a difference between the subject matter                   
                called for in all of the rejected claims and the disclosure of either the APA or             
                Yang (see independent claims 5 and 15).                                                      
                      In recognition of this determined difference between the claimed                       
                subject matter and either of the APA or Yang, the Examiner supplies Babb                     
                as part of the evidence relied upon to show that a wafer holding pedestal                    
                plate (chuck) with an annular or plate edge ring shape (O-ring) element                      
                disposed thereon is known to be useful for supporting a wafer during a                       
                portion of a vacuum processing thereof.  Based on the evidence of record,                    
                the Examiner contends that “it would have been obvious for one of ordinary                   
                skill in the art at the time of the invention to use the O-ring [shape] of Babb              


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