Ex Parte ARMACOST et al - Page 4




              Appeal No. 2001-1133                                                                           4                
              Application No. 09/014,806                                                                                      

              relate specifically to CH3F.  See Answer, page 4.  Furthermore, the only examples found in                      
              the specification are likewise directed to CH3F.  Id.  When the disclosure is coupled with                      
              appellants statement that as the, “mechanism for nitride: oxide selectivity in their chemistry                  
              is not well understood,” it follows that the invention as claimed is not enabled.  Id.  We                      
              disagree.                                                                                                       
              As we stated above, the burden of proof of finding that the invention is not enabled                            

              rests with the Office.  The specification provides specific volume ratios for CH3F, diatomic                    
              oxygen and carbon dioxide.  See specification, pages 4 and 5.  In addition, the                                 
              specification as originally filed, provides for an etchant gas comprising a hydrogen rich                       
              fluorohydrocarbon, an oxidant and a carbon  source.  See original claim1.  Furthermore,                         
              original claim 4  specifically provides for a fluorohydrocarbon gas present at approximately                    
              7% - 35% by volume.  Based upon these findings, we conclude that appellants specifically                        
              intended that the volume of fluorohydrocarbon gas apply to all fluorohydrocarbons and not                       

              just the CH3F as argued by the examiner.  Accordingly, we cannot agree with the                                 
              examiner’s conclusion that the ratios apply only to the sole aforesaid fluorohydrocarbon,                       

              CH3F.  Furthermore, the argument presented in the Answer, pages 4 and 5, based upon                             
              the statement that since the, “mechanism for nitride: oxide selectivity in their chemistry is                   
              not well understood,” it would not apply to other fluorohydrocarbons, is speculative in                         
              nature and insufficient to support a rejection on the grounds of lack of enablement.                            
              Accordingly, we cannot sustain the rejection under § 112.                                                       






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