Ex Parte SHENG - Page 7



          Appeal No. 2001-0929                                                        
          Application No. 08/697,321                                                  

          source that is a R.F. source resulting in a D.C. self bias or               
          alternatively a D.C. source may equivalently be used (Answer, page          
          13).                                                                        
               We incorporate our remarks about Chan from our discussion              
          above, namely that Chan teaches a separate source for generation of         
          the plasma as well as a source for ion acceleration and                     
          implantation while the claims on appeal require the D.C. voltage            
          pulses to create a plasma, accelerate and implant the ions.  We             
          again note that the examiner has not presented any convincing               
          evidence or reasoning to support the proposed combination of                
          Nakayama with Chan.                                                         
               Appellant correctly argues that Kruger does not teach where            
          its plasma “comes from” and thus there is no convincing evidence or         
          reasoning why the D.C. source of Kruger would have been used in the         
          process of Nakayama to produce the requirements of the claimed              
          process, namely create a plasma and accelerate and implant the ions         
          (Brief, page 15).  Kruger discloses an “activated N2 plasma” but            
          fails to teach how this plasma was produced (see col. 6, ll. 32-            
          43).  Furthermore, we agree with appellant that Kruger does not             
          describe or suggest pulsed ion implantation (R.F. or D.C.)(Brief,           
          page 15).  The examiner merely states that these failures of Kruger         
          “does not negate the demonstrated equivalence” but provides no              
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