Ex Parte Arlt et al - Page 6



                  Appeal 2007-2501                                                                                         
                  Application 10/026,917                                                                                   
             1           12.  During the steps of moving the arm 20 (and wafer on top of plate                             
             2    38), the power supply remains on and connected so that a charge is                                       
             3    maintained to keep the substrate chucked to plate 38 (Hwang 5:28-46).                                    
             4           D.  Principles of Law                                                                             
             5                                          35 U.S.C. § 102                                                    
             6           “A person shall be entitled to a patent unless….the invention was                                 
             7    patented or described in a printed publication in this or a foreign country or                           
             8    in public use or on sale in this country, more than one year prior to the date                           
             9    of the application for patent in the United States” 35 U.S.C § 102(b).                                   
            10           To anticipate a claim, a prior art reference must disclose every                                  
            11    limitation of the claimed invention, either expressly or inherently.                                     
            12    Verdegaal Bros. Inc.,  v. Union Oil Co., 814 F.2d 628, 631, 2 USPQ2d 1051,                               
            13    1053 (Fed. Cir. 1987).                                                                                   
            14           E.   Analysis                                                                                     
            15           The Examiner finally rejected independent claims 1 and 11 and                                     
            16    dependent claims 6, 7, 9, and 15 as being anticipated under 35 U.S.C.                                    
            17    § 102(e) by Hwang.  The Examiner relied on Hwang to teach “without any                                   
            18    additional external power supply to recharge the transportable electrostatic                             
            19    chuck during long or several process steps or operation steps,” recited in                               
            20    both claim 1 and claim 11.  The Examiner indicated that the steps of moving                              
            21    the arm 20 and rapidly moving the arm to the process chamber are                                         
            22    performed under a single power application and meet the limitation (FF 7).                               
            23                                                                                                             

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