Ex Parte Conboy et al - Page 12




          Appeal No. 2003-0614                                                        
          Application 09/520,591                                                      


          starts, the recitation in claim 14 that the rotating device is              
          adapted to rotate the wafer axially to the exclusion of certain             
          areas on the wafer, the recitation in claim 15 that the rotating            
          device is adapted to rotate the wafer axially to the exclusion of           
          a certain processing step in the system, and the recitation in              
          claim 20 of a wafer carrier movement detector for determining the           
          “rate” of rotation of the carrier moving through the wafer                  
          processing system.  In short, the examiner has failed to proffer            
          the evidentiary basis necessary to bridge these gaps.                       
               Hence, we shall not sustain the standing 35 U.S.C. § 103(a)            
          rejection of claims 5, 6, 9 through 12, 14, 15, 17 and 20 as                
          being unpatentable over Tigelaar in view of Bacchi.                         
                                      SUMMARY                                         
               The decision of the examiner to reject claims 1 through 26             
          is affirmed with respect to claims 1 through 4, 7, 8, 13, 16, 18,           
          19 and 21 through 26, and reversed with respect to claims 5, 6, 9           
          through 12, 14, 15, 17 and 20.                                              










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