Ex parte NOZAWA et al. - Page 5




          Appeal No. 1997-3312                                                        
          Application No. 08/183,787                                                  


          position at which said object is located in said process                    
          chamber and within the horizontal magnetic field and a                      
          transfer position which is below said process position and at               
          which said object is located on the same level as said                      
          transfer port which is located at a level lower than said two               
          permanent magnets which sandwich the space between said                     
          electrodes, so as to move said object into and from said                    
          process chamber."                                                           
               The examiner's conclusion that the herein claimed subject              
          matter would have been obvious within the meaning of 35 U.S.C.              
          § 103 rest on the examiner's contention that it would have                  
          been obvious to modify the apparatus of Kinoshita by employing              
          drive means for inserting and removing a semiconductor wafer                
          into and from the process chamber "as taught by the secondary               
          references" relied upon, i.e., Nakazato, Ukai, or Sekine.                   
          Based on the examiner's statement of this rejection at pages 3              
          and 4 of the answer, it is apparent that the examiner believes              
          that the claimed apparatus defined by Claim 9 on appeal finds               
          substantially identical correspondence in the Figure 18                     
          embodiment of Kinoshita with the primary exception being that               
          the Kinoshita prior art apparatus does not provide for a drive              
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