Appeal No. 2003-0642
Application No. 09/382,584
bridging columns 3 and 4). Again, the examiner has cited no
disclosures in the references for changing the operating
parameters, such as the DC bias voltage, to effect a simultaneous
etching and deposition, let alone in the same opening. The
examiner's reliance on inherency of the modified Nulty process at
page 8 of the Answer is without factual support. It is well
settled that inherency must be based upon inevitability, not
possibility.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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JEFFREY T. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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LINDA R. POTEATE )
Administrative Patent Judge )
ECK:clm
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