Ex parte NELSON - Page 4




          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.                                                                     














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