Ex Parte Schmitt - Page 3

                Appeal 2007-3195                                                                             
                Application 09/824,936                                                                       

                and extending outside the internal process space, the dielectric layer being a               
                capacitor that is electrically in series with said substrate (15) and the plasma,            
                said dielectric layer (11 ) having capacitance per unit surface values which                 
                are not uniform along at least one direction of said general surface (15a), for              
                generating a given distribution profile, for compensating a process in a non-                
                uniform manner along said general surface (15a) in the reactor.                              
                      The Examiner relies on the following prior art references as evidence                  
                in rejecting the appealed claims:                                                            
                Collins US 5,210,466 May 11, 1993                                                            
                Hanada (as translated) JP 08-186094 Jul. 16, 1996                                            
                Shang US 6,177,023 B1 Jan. 23, 2001                                                          
                Sato US 6,199,505 B1 Mar. 13, 2001                                                           
                      Claims 1, 3, 4, and 6-8 stand rejected under 35 U.S.C. § 103(a) as                     
                being unpatentable over Hanada in view of Shang and Collins.  Claims 1, 3,                   
                4, and 6-8 stand rejected under 35 U.S.C. § 103(a) as being unpatentable                     
                over Hanada in view of Shang and Sato.                                                       
                      We affirm both rejections.                                                             
                      The Examiner takes the position that it would have been obvious to                     
                one of ordinary skill in the art at the time of the invention to employ an RF                
                generator that is capable of generating frequencies greater than 13.56 MHz                   
                as taught by Collins and to construct the plasma reactor so as to be capable                 
                of handling substrate work pieces of a size that encompass the representative                
                claim 1 required substrate size (Answer 5-7 and 10-12; Collins, col. 1, ll. 31-              
                36 and col. 4, ll. 26-47; and Shang, col. 5, ll. 58-63).                                     
                      In the second stated obviousness rejection, the Examiner employs                       
                Sato in place of Collins for evidencing the prior art use of RF generators                   
                capable of generating frequencies greater than 13.56 MHz and, in addition,                   
                Sato is relied upon for teaching the treatment of wafers of a size                           

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