Appeal No. 2000-0572
Application 08/687,643
Mokuo discloses a device 500 for sensing the position of
wafers W supported by grooves or shelves 199 in a vertically
adjustable cassette 124. The device includes a pair of light
emitting sections 513 and a pair of light receiving sections
517 for determining the vertical positions of the wafers as
the magazine moves up and down (see column 14, lines 19
through 62). Here again, the
examiner’s determination (see page 4 in the answer) that
Mokuo’s sensor arrangement measures within a horizontal plane
a distance to edges of wafer-shaped objects relative to a
transmitter as recited in claim 1 has no factual basis.
As Foulke, which discloses a wafer-handling paddle 42
having an optical system for measuring the locations of slots
in an empty quartz boat (see column 8, line 14 et seq.), and
Birkner do not cure the above noted deficiency of Mokuo with
respect to the subject matter recited in claim 1, we shall not
sustain the standing 35 U.S.C. § 103(a) rejection of claims 1
through 5 as being unpatentable over Mokuo in view of Foulke
or the standing 35 U.S.C. § 103(a) rejection of claims 6
through 10 as being unpatentable over Mokuo in view of Foulke
and Birkner.
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