Appeal No. 2001-1068
Application 09/063,196
species . . . .” A similar interchangeable use of the two terms
can be found in the specification at: page 10, lines 4 through
11; page 12, lines 1 through 3; page 20, lines 5 through 7; and
page 22, lines 9 through 11. For this reason, Mizuno’s so-called
passivation gas (Abstract; column 5, lines 6 through 44) performs
the same function as the claimed gas, namely, stabilizing “the
compounds of the material deposited on the surfaces” of the
components/peripheral members in the chamber. Thus, the
obviousness rejection of claim 29 is sustained.
Although we agree with the examiner that claim 29 would
have been obvious based upon the teachings of the applied
references, we reach the opposite result with respect to all of
the other claims on appeal that rely upon Miyamoto as a secondary
reference. Miyamoto does indeed use titanium tetrachloride in a
plasma CVD process (Abstract; column 2, lines 28 through 50), but
Miyamoto is completely silent as to passivation/stabilization of
any titanium by-product(s) in the chamber. Based upon the lack
of such a teaching in Miyamoto, we agree with the appellants’
argument (reply brief, page 2) that “[m]erely demonstrating the
existence of the missing chemical by citing Miyamoto does not
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