Ex parte TODA - Page 11




              Appeal No. 1998-0078                                                                                      
              Application No. 08/478,814                                                                                

                     Claim 27 has been rejected as unpatentable under 35 U.S.C. § 103 over Amemiya in                   
              view of Savage.                                                                                           
                     The Examiner adds Savage to Amemiya, applied above, to reject the subject matter of                
              claim 27.  The Examiner states “[i]t would have been obvious to one of ordinary skill in the              
              art at to have incorporated a plasma etch endpoint detection system such as that of Savage in             
              the plasma apparatus of Amemiya for the advantages of automatic control of the etch[ing]                  
              process parameters such as the gas flow as taught by Savage.” (Examiner’s Answer, page 5,                 
              first paragraph).  Claim 27 is a dependent claim which include the limitations of claim 26.               
              The inclusion of an endpoint detection system would not have led to the claimed invention                 
              because the substitution of the endpoint detection system does not address the deficiencies               
              of Amemiya stated above.                                                                                  
                     Claim 27 has been rejected as unpatentable under 35 U.S.C. § 103 over Maher in                     
              view of Savage or Otsubo.                                                                                 


                     The Examiner adds Savage and/or Otsubo to Maher, applied above, to reject the                      
              subject matter of claim 27.  The Examiner asserts it would have been obvious to one of                    
              ordinary skill in the art at to have incorporated a plasma endpoint detection system such as              
              that of Savage or Otsubo in the system of Maher.  (Examiner’s Answer, page 5, line 8 to                   
              page 6 line 7).   The inclusion of an endpoint detection system would not have led to the                 

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