Ex parte ANDERSON et al. - Page 10




          Appeal No. 95-2413                                                          
          Application 07/936,865                                                      

          L(r) is the arc length swept by a portion of the curve 67 at a              
          radius r, not the width of the path at radius r.  That is,                  
          from figures 8 and 9, assuming the spiral curve 67 alone                    
          causes erosion (because the spiral curve 67 corresponds to the              
          plasma region 55 and has "a very narrow width," col. 5,                     
          lines 60-61), the swept arc length L(r) increases in                        
          proportion to the radius r.  Thus, arc a-b exposes the target               
          underneath the same amount of time as arc b-c, arc c-d, etc.                
          One of ordinary skill in the art would have recognized that                 
          the arrangement of magnets in Sato '375 was intended to                     
          perform the same function as that in Suzuki.                                
                    Wegman, Elmgren, and Sawada                                       
               These references are discussed with respect to Group 2.                

               Level of ordinary skill                                                
               The references are the only evidence of the knowledge and              
          level of ordinary skill in the art.  See In re Oelrich,                     
          579 F.2d 86, 91, 198 USPQ 210, 214 (CCPA 1978) ("the PTO                    
          usually must evaluate both the scope and content of the prior               
          art and the level of ordinary skill solely on the cold words                
          of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579,                   
          35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err                
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