Ex Parte NGUYEN - Page 5

          Appeal No. 2002-0177                                                        
          Application No. 09/325,835                                                  

          pump, is used for extracting the heat medium from the heat                  
          medium passages defined in the reactor 1, the support base 2,               
          and sleeve 6.  Part of the heat medium supplied through the heat            
          medium pipe 62 is also supplied to the reactant gas ejector head            
          5.  (See column 8, lines 5-15 of Murakami).  From this                      
          disclosure, we are unable to conclude that a heater is embedded             
          in the reactant gas ejector head 5.  Hence, we agree with                   
          appellant’s interpretation of Murakami and we disagree with the             
          examiner’s interpretation of Murakami in this regard.                       
               Therefore, we reverse this rejection.                                  

          III. The 35 U.S.C. § 103 rejection of Claims 12 and 14                      
               As a preliminary matter, we note that claim 14 requires a              
          first and second showerhead plate.  It appears that the examiner            
          has overlooked this aspect of claim 14 because, as discussed                
          under section IV of this decision, the examiner discusses this              
          particular subject matter in connection with claim 17, which                
          depends on claim 14.  The examiner does not discuss this subject            
          matter in this rejection.                                                   
               Appellant’s claim 12 requires that the showerhead plate                
          have apertures in the form of an array plurality of concentric              
          circles.                                                                    
               On page 10 of the brief, appellant argues that Ogi does not            
          show that the delivery aperture is comprised of a large diameter            
          bore and a smaller diameter bore.                                           
               Upon our view of Ogi, we find that, as stated by the                   
          examiner on page 7 of the answer, Figure 4B of Ogi depicts                  
          concentric circles.  Hence we are in agreement with the examiner            
          that such a shape is known in the art.                                      
               We further note that Vukelic indicates at column 4,                    
          beginning at line 35, that a perforated plate can have a                    
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