Appeal No. 2001-2510 Page 4
Application No. 09/001,350
used in an etching method similar to the exemplified plasma etching methods.
Since Taki does not specify that the described sputtering apparatus is to be used
for either etching or deposition, and Taki discloses that the sputtering apparatus can be
used to obtain the same effect as that of the plasma etching apparatus disclosed
above, we are persuaded that the examiner has set forth a reasonable rationale which
supports the legal conclusion that it would have been obvious for one of ordinary skill in
the art to employ the plasma sputtering apparatus disclosed by Taki in a method of
sputter etching a wafer surface, as presently claimed. We note that appellants have
not proffered any objective evidence which establishes on this record that such an
interpretation would have been contrary to a perspective taken by one of ordinary skill
in the art at the time of filing the present application. While appellants point to their
specification disclosure that conventional sputter etching processes are conducted
at a zero gauss state (the absence of a magnetic field), appellants have not supported
this assertion with any independent, objective evidence. In addition, appellants have
not demonstrated with objective evidence that the claimed method would not
experience any of the disadvantages purported to be attendant with sputter etching in a
magnetic field.
In conclusion, based on the foregoing and the reasons well-stated by the
examiner, the examiner's decision in rejecting the appealed claims is affirmed.
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