Ex Parte YIEH et al - Page 6



          Appeal No. 2000-0037                                                        
          Application 08/627,631                                                      
          using nitrogen as a carrier gas. Thereafter, the method is                  
          described as one "comprising" the three steps of (1) flowing                
          reactant gases "containing" silicon, oxygen and a "first dopant"            
          into a reaction chamber to form a dielectric film "at                       
          substantially said identical processing condition", (2) using               
          helium as the carrier gas "for at least a portion of said process           
          gas in the system" and (3) processing more substrates in the                
          system between cleanings than would be processed in "a process              
          under substantially said identical processing conditions" but               
          using nitrogen as carrier gas.                                              
               In the first instance, it strikes us that appellants are               
          attempting to claim less a method but more the result or                    
          advantage of a method. But the method claimed is described in               
          terms of another process without regard to the various reaction             
          parameters which define that process. The claim language "under             
          substantially identical processing conditions" is, apparently, a            
          reference to the conditions utilized in the other process which             
          uses nitrogen as a carrier gas to which appellants compare the              
          results allegedly obtained by their process. The language "under            
          substantially identical processing conditions" is virtually                 
          meaningless where the type of process and the nature of the                 
          conditions to which appellants' process is compared are not                 

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