Ex Parte KAHN et al - Page 7




          Appeal No. 2002-1148                                                         
          Application 09/471,662                                                       


          capable of being operated at an ion beam energy of about 50 eV or            
          less.  As discussed above, the record indicates that Ceasar’s                
          sputtering apparatus, modified to have a negative biased sputter             
          target as suggested by King, would have that capability.                     
          Accordingly, we affirm the rejection of claim 1.                             
               The appellants’ sole argument regarding the dependent                   
          claims, including claims to which additional references are                  
          applied, is that the applied prior art does not remedy the                   
          deficiency alleged by the appellants in Ceasar and King regarding            
          claim 1 from which these claims depend (brief, pages 8-9).                   
          Because, as discussed above, we do not consider the alleged                  
          deficiency in Ceasar and King to exist as to claim 1, we affirm              
          the rejection of dependent claims 2-7.                                       
                                       Claim 8                                         
               The appellants’ method claim 8 requires providing ions in               
          the form of an ion efflux having an energy of about 50 eV or                 
          less.                                                                        
               The examiner argues that the Kaufman patent teaches that the            
          voltage used to accelerate the ions can be “one to several                   
          thousand volts” (col. 4, line 21), which the examiner interprets             
          as meaning one volt to several thousand volts (answer, page 7).              
          Kaufman explains that what is meant is that the voltage can be               

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