Ex Parte STRAUSS et al - Page 9




          Appeal No. 2001-1776                                                        
          Application No. 08/881,948                                                  

          the examiner correctly notes that Fujitsu discloses a target                
          manufactured from a single material (Answer, page 3).  Second, as           
          also noted by the examiner (Answer, page 5), Inoue teaches that             
          the target can be any one of a list of metals (col. 7, l. 62-col.           
          8, l. 5; see also col. 6, ll. 58-63).  Finally, appellants have             
          not cited any part of Inoue that supports their argument that               
          this reference teaches away from the use of a single material               
          sputtering target (see col. 4, ll. 36-37, where the target plate            
          1a is aluminum, a single material; and col. 5, ll. 9-17, where              
          the device of Figure 3 produces a higher quality thin film due to           
          the removal of residual gases, not from the particular target               
          material).                                                                  
               Appellants argue that Wegmann does not show the concepts               
          absent from the references previously discussed (Brief, page 9).            
          Accordingly, we adopt the examiner’s factual findings and                   
          conclusions of law regarding Wegmann, in combination with Fujitsu           
          and Zejda, for the reasons set forth in the Answer and as                   
          discussed above.                                                            
               For the foregoing reasons and those set forth in the Answer,           
          we determine that the examiner has established a prima facie case           
          of obviousness in view of the reference evidence.  Based on the             
          totality of the record, including due consideration of                      

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