Appeal No. 2001-2544
Application No. 08/995,108
defined term in the specification and it indicates a particular
ionized content in material deposited on a substrate surface.
(Appeal Brief, page 17, lines 14-20). We disagree.
Ion deposition sputtering is defined as sputter deposition
using a high density inductively coupled RF plasma between the
sputtering cathode and the substrate support electrode, whereby
at least a portion of the sputtered emission is in the form of
ions at the time it reaches the substrate surface.
(Specification, page 8, lines 14-19). There is no particular
content of ions, merely “a portion”. Ngan’s sputtering technique
is evidently the same.
Thus, as it reasonably appears to be the same technique, we
are unpersuaded by the contention that somehow the statement that
“[t]ypically, 10% or more of the sputtered emission is in the
form of ions at the time it reaches the substrate surface”
defines over the Ngan process when combined with the Gelatos and
Landers references.
The appellants additionally contend that even this
combination makes it only “obvious to try” which is not the
correct standard of patentability (Appeal Brief, page 18, lines
1-15). We disagree with their interpretation of Ngan. First,
Gelatos is not limited to any particular type of sputtering and
is generic to all types. Second, Ngan contains a clear teaching
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