Ex parte MUELLER - Page 3




                 Appeal No. 1998-0039                                                                                                                   
                 Application No. 08/372,701                                                                                                             

                          The claims on appeal stand rejected under 35 U.S.C. § 103                                                                     
                 as unpatentable over the admitted prior art in view of either                                                                          
                 JP ‘672, JP ‘961 or Ku (emphasis added, Answer, page 3).                                                  2                            
                 We reverse this ground of rejection for reasons which follow.                                                                          
                 OPINION                                                                                                                                
                          The examiner finds that the admitted prior art on pages                                                                       
                 1-4 of the specification shows “[a]ppellant’s process of                                                                               
                 positioning a shield adjacent to the periphery of a substrate                                                                          
                 and depositing a metal such as W or TiW to avoid arcing” by                                                                            
                 forming a conductive bridge between the clamping ring and the                                                                          
                 wafer (Answer, page 4).  The examiner then finds that the                                                                              
                 secondary references (JP ‘672, JP ‘961, or Ku) provide                                                                                 
                 evidence of the obviousness of modifying the admitted prior                                                                            
                 art method by depositing metal at two different pressures to                                                                           
                 form compressive and tensile films that cancel the stresses to                                                                         
                 result in a much desired zero stress film (Answer, pages 4-5).                                                                         
                 The examiner states that it would appear that either low or                                                                            


                          2We add the emphasis to the examiner’s statement of the                                                                       
                 rejection to show that the examiner has applied the secondary                                                                          
                 references to JP ‘672, JP ‘961, and Ku alternatively.  We also                                                                         
                 note that the examiner has mistakenly referred to JP ‘961 as                                                                           
                 “JP ‘963" on page 3 of the Answer.                                                                                                     
                                                                           3                                                                            





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