Appeal No. 1999-1047 Page 2
Application No. 08/238,598
BACKGROUND
The appellants’ invention relates to a temperature controlled gas distribution plate
apparatus. An understanding of the invention can be derived from a reading of exemplary
claim 3, which appears in the appendix to the Supplemental Appeal Brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Kessler et al. (Kessler) 4,630,669 Dec. 23, 1986
Bartholomew et al. (Bartholomew ‘020) 4,834,020 May 30, 1989
Awaya et al. (Awaya) 5,019,531 May 28, 1991
Bartholomew et al. (Bartholomew ‘975) 5,136,975 Aug. 11, 1992
Tappan et al. (Tappan) 5,200,232 Apr. 6, 1993
Drawing figures illustrating the prior art as explained on page 5 of the specification (the
conceded prior art).
Claims 3, 4, 6, 7, 10, 13, 14, 18, 19, 23, 24, 27, 30 and 31 stand rejected under 35
U.S.C. § 103 as being unpatentable over Awaya in view of Bartholomew ‘020 and
Kessler.2
Claims 3, 4, 6, 7, 10, 13, 14, 18, 19, 21-24, 27, 30 and 31 stand rejected under 35
U.S.C. § 103 as being unpatentable over the conceded prior art in view of Bartholomew
‘020, Bartholomew ‘975, Awaya and Tappan.
2A rejection of these claims under 35 U.S.C. § 103 on the basis of Awaya alone
was withdrawn by the examiner in the Supplemental Answer (Paper No. 47).
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