Ex parte BRUGGE - Page 4




          Appeal No. 96-1179                                                          
          Application 08/190,622                                                      


          appealed claims stand or fall together with claim 1.  In re                 
          Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.                
          1987); Ex parte Schier, 21 USPQ2d 1016, 1018-19 (Bd. Pat. App.              
          & Int. 1991).  See also 37 CFR 1.192 c(7) and c(8).                         
               Appealed claims 1, 2, 7 and 8 stand rejected 35 U.S.C. §               
          103  as being unpatentable over Talieh in view of either of                 
          Hanfmann, Ohji or Riley.                                                    




               We have thoroughly reviewed each of appellant's arguments              
          for patentability as they appear in the principal and reply                 
          briefs.  However, we concur with the examiner that the claimed              
          subject matter would have been obvious to one of ordinary                   
          skill in the art within the meaning of § 103 in view of the                 
          applied prior art.  Accordingly, we will sustain the                        
          examiner's rejection for essentially those reasons expressed                
          in the Answer.                                                              
               Appellant states the following at page 12 of the                       
          principal brief:                                                            
               The major elements of Claim 1 are a chamber, a target                  
               holder, a wafer holder, a collimator, and a drive means.               
               Appellant hereby stipulates that the first five elements,              
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