Appeal No. 2002-1148
Application 09/471,662
this teaching would have fairly suggested, to one of ordinary
skill in the art, using, as the target potential other than
ground potential, a negative potential so that increased
acceleration and energy are imparted to the ions. Consequently,
King would have fairly suggested, to one of ordinary skill in the
art, use of a negative target potential with Ceasar’s Kaufman
type ion source to obtain this benefit of increased ion
acceleration and energy.
The appellants state that one of the present inventors,
Harold R. Kaufman, is the inventor of the Kaufman ion source
described in the Kaufman patent (brief, page 5). The appellants
argue, in reliance upon a declaration by Kaufman (filed
February 16, 2001, paper no. 4) and a supplemental declaration by
Kaufman {filed May 21, 2001, paper no. 8), that Ceasar’s Kaufman
type ion source, when operated in the manner described by Ceasar,
would not be capable of operating at ion beam energies of 50 eV
or less (brief, page 5; reply brief, page 1). The appellants
point out that Harper discloses (page 181) operating a Kaufman
type ion source at a beam energy of 500-2,000 eV (brief, page 5).
The supplemental Kaufman declaration (page 2) indicates that
by “operated in the manner described by Ceasar et al.”
(declaration, page 2), Kaufman means operated without a negative
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