Ex Parte Schmitt - Page 10

                Appeal 2007-3195                                                                             
                Application 09/824,936                                                                       

                being result effective for counteracting non-uniformities.  Indeed, Appellant                
                employs a dielectric layer substantially like that disclosed by Hanada in                    
                describing their proposed solution for operating with high frequencies and                   
                large substrates (Specification 3; claim 1).  Against this backdrop, such                    
                argumentation is hardly persuasive of any reversible error in either of the                  
                Examiner’s obviousness rejections.  Moreover, as suggested by the                            
                Examiner, the appealed subject matter, including representative claim 1, is                  
                not drawn to a process wherein large substrates and high frequencies are                     
                simultaneously employed.  Rather, representative claim 1 is drawn to an                      
                apparatus that is capable of handling large work pieces (substrates) and an                  
                apparatus that requires a RF generator that is capable of producing                          
                frequencies greater than 13.56 MHz rather than a method requiring the use                    
                of high frequencies while processing a large substrate (Answer 12).                          
                      On this record, we are not persuaded of any reversible error in the                    
                Examiner’s rejections based on the arguments made in the Briefs.                             

                                                  ORDER                                                      
                      The decision of the Examiner to reject claims 1, 3, 4, and 6-8 under                   
                35 U.S.C. § 103(a) as being unpatentable over Hanada in view of Shang and                    
                Collins and to reject claims 1, 3, 4, and 6-8 under 35 U.S.C. § 103(a) as                    
                being unpatentable over Hanada in view of Shang and Sato is affirmed.                        







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