Appeal No. 1998-2619
Application No. 08/526,828
factual basis to support his Section 103 rejection. In re
Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177-78 (CCPA 1967).
To carry his burden of proof, the examiner relies on the
combined disclosures of Suzuki, Technical Update and Manada.
However, for the reasons well articulated by appellant at
pages 5 and 6 of the Brief, we find that the examiner has not
provided sufficient factual evidence to demonstrate that the
claimed subject matter as a whole would have been obvious to
one of ordinary skill in the art within the meaning of 35
U.S.C. § 103. We only wish to emphasize that the examiner has
not adequately explained how and why one of ordinary skill in
the art would have been led to employ the closed-loop control
process variables for epitaxially growing a chemical-compound
crystal described in Manada in the pre-programmed control
process for plasma etching and deposition for semi-conductor
integrated circuits described in Suzuki (e.g., Figure 7) to
arrive at the claimed open-loop control process involving
specific process control variables.
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