Ex parte YOSHIMURA et al. - Page 6




          Appeal No. 1997-3420                                                        
          Application No. 08/371,227                                                  

          insulating the center mask from the target cooling means would              
          substantially alter the structure and operation of the Braeuer              
          invention, which would operate as a disincentive to one of                  
          ordinary skill in the art to make such an modification, in our              
          view.                                                                       
               As to the second difference, the examiner points out that              
          Bourez teaches applying a voltage across the anode (center                  
          post 26) and the cathode (annular assembly 12) to cause the                 
          target to generate the atoms which then are deposited on the                
          substrate (column 6, lines 13-19), and that Anderle discloses               
          a sputtering system in which the substrate is in contact with               
          the central mask and the substrate holder.  From this, the                  
          examiner concludes that “[a]s to the substrate holder applying              
          an anodic potential to the center mask,” such would have been               
          obvious “since Bourez et al. teaches that a voltage can be                  
          applied to the central mask” (Answer, page 10).  We cannot                  
          agree.  Claim 4 requires not only that the center mask be                   
          anodized, but that it “is anodized by being contacted with                  
          said substrate holding means during sputtering” (emphasis                   
          added).  Even if one were to consider that the center mask in               
          Anderle is in an anodic condition during sputtering, there is               

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