Appeal No. 1998-0078
Application No. 08/478,814
1-3). Appellant asserts the “valves are used to quickly switch between specific ashing and
etching gases, where the flow rates of the specific gases are regulated by the mass flow
controllers under control of the controller 61, so that a high throughput and high etching
producibility may be achieved by prompt switching from an ashing gas to an etching gas
when an ashing process has been detected as being substantially completed.” (Reply Brief,
page 3, lines 1-8).
Amemiya teaches an apparatus for etching objects which includes a post processing
apparatus. The post processing apparatus contains a controller, mass flow controllers and a
gas supply source for etching and a gas supply source for ashing an object. (Note Figure 2).
The flow of the gases are regulated by the use of mass flow controllers. The etching and
ashing processes are disclosed to occur at the same time, not sequentially. (See, column 2
line 63 to column 3, line 6). Amemiya does not describe the specific structural
arrangement, i.e. valves and mass flow controllers under control of a controller, embodied
by the claimed means for quickly switching between the first and second gas supply.
Accordingly, we cannot sustain the rejection of claim 26 under 35 U.S.C. § 102(e) over
Amemiya.
The Examiner has rejected claim 26 under 35 U.S.C. § 102(e) as anticipated by the
disclosure of Maher.
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