Ex parte NOGAMI - Page 5




            Appeal No. 1999-2117                                                      
            Application No. 08/795,197                                                

                 We agree with the appellant’s fundamental position                   
            that the applied references contain no teaching or                        
            suggestion which would have motivated one having ordinary                 
            skill in the art to combine these references in such a                    
            manner as to result in a plasma processing method of the                  
            type here-claimed wherein dissociation of a processing                    
            gas is controlled by setting an applied source power                      
            lower than a source power corresponding to the                            
            discontinuous change defined by the independent claims on                 
            appeal.  Indeed, as correctly indicated by the appellant                  
            in his brief, many of the references applied by the                       
            examiner are not even concerned with the here-claimed                     
            goal of controlling dissociation of a processing gas.                     
                 Moreover, none of the applied references contain any                 
            teaching or suggestion for effecting this control by                      
            setting an applied source power lower than a source power                 
            corresponding to a discontinuous change of the type                       
            claimed by the appellant.  For example, while the Sakai                   
            Patent relates to controlling dissociation in order to                    
            enhance selectivity, this is effected by increasing flow                  
            rate (e.g., see Figure 11 and the paragraph bridging                      

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