Appeal No. 2002-1148
Application 09/471,662
one thousand to several thousand volts (supplemental declaration,
page 2). The examiner does not find Kaufman’s interpretation
convincing in view of Ceasar’s disclosure of using a Kaufman type
ion source to produce an ion beam having an energy of 0-2,000 eV
(answer, page 7). Kaufman’s interpretation of “one to several
thousand volts” as meaning one thousand to several thousand volts
is entitled to significant weight since it is his own disclosure,
and the examiner has provided no evidence or reasoning which
shows that Kaufman’s interpretation, which is a reasonable
interpretation, is incorrect. Moreover, as discussed above,
Kaufman indicates in his declaration (pages 2-3) and supplemental
declaration (page 2) that sputtering using the ion source he
invented and Ceasar uses is impossible at an ion beam energy at
or below about 50 eV unless the target has a negative bias, and
the examiner has provided no evidence or reasoning to the
contrary.
The examiner argues that because Ceasar is presumed to be
valid, Ceasar can be presumed to be operative throughout the
entire disclosed 0-2,000 eV ion beam energy range (answer,
page 5). Under 35 U.S.C. § 282, each claim of a patent is
presumed to be valid. The examiner’s argument is not well taken
because none of Ceasar’s claims requires an ion beam energy of
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