Appeal No. 1999-2122
Application No. 08/564,659
sputtered atoms from the target are deposited on the substrate
(e.g., see Figure 1 of Clarke and the disclosure relating thereto).
The resulting deposition has particular characteristics such as
the characteristics necessary and desirable in a wafer for an
integrated circuit chip (e.g., see lines 5-12 in column 1 of
Clarke). The achievement of these characteristics must be
regarded, at least in part, as due to the aforementioned voltages
and magnitudes since, in the absence of appropriate voltages
and magnitudes, the functional wafer product desired by these
primary references would not have been attained. Therefore, the
characteristics of the deposition obtained in the primary reference
apparatus and methods must be regarded as dependent upon the
magnitudes and voltages of these apparatus and methods as required
by the appealed claims in group (h).
It follows that we will sustain the Examiner’s § 103
rejections of claims 103, 107, 108, 111, 115, 120, 123, 124, 147,
151, 172-174 and 176.
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b) provides, “A new ground of rejection
shall not be considered final for purposes of judicial review.”
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