Appeal No. 1997-3031
Application No. 08/411,509
light having a wavelength of 200 nanometers or less produces a
different reaction with ozone and oxygen than does a process
using a UV wavelength of about 250 nanometers, as exemplified
by the examiner's prior art references. See the brief at
pages 14 and 15, the reply brief at pages 14 and 15 and the
publication of Noyes, of record and attached to the appeal
brief which arguably supports appellant's contentions.
In light of the above, we reverse the examiner's stated
rejections of the herein appealed claims for obviousness.
NEW GROUND OF REJECTION
We enter the following new ground of rejection pursuant
to 37 CFR § 1.196(b).
The appealed claims are rejected under the first
paragraph of 35 U.S.C. § 112, as failing to comply with the
written description requirement of this section of the
statute. As discussed in our opinion above, a significant
requirement of the appealed process involves the illumination
of a growing thin film by ultraviolet having a wavelength of
200 nanometers or less so as to increase the O content of the
3
oxidizing gas. This claim language was introduced into claim
1 by an amendment filed on October 18, 1995. Ipsis verbis
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