Appeal No. 1998-2397 Application No. 08/654,708 Appellant states in the Background of the Invention section of the specification (page 1, lines 13-15) that the "diagram [in Figure 1] exaggerates the curvature of the bottom electrode 16 and is not to scale." Thus, the curvature of the wafer is exaggerated. Furthermore, as indicated by appellant (Reply Brief, page 2) although the wafer bends under the gas pressure used during processing, the wafer itself is flat and, as such, has no upper portion, contrary to the examiner's assertions. Accordingly, the wafer fails to meet the requirement of an upper portion for the claimed testing object. Since all of the claims include this limitation, we cannot sustain the rejection of claims 8, 10 through 18, 24, and 25. 4Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007