Ex Parte FREERKS et al - Page 4




         Appeal No. 2003-0688                                                       
         Application No. 09/324,889                                                 


         the language employed in the claims must be analyzed, not in a             
         vacuum, but always in light of the teachings of the prior art and          
         the application disclosure as it would be interpreted by one of            
         ordinary skill in the art.  See In re Angstadt, 537 F.2d 498,              
         501, 190 USPQ 214, 217 (CCPA 1976).  Here, we determine that the           
         examiner has not met this burden for the following reasons.                
         The examiner has not convincingly explained why the claims                 
         do not set out and circumscribe a particular area with a                   
         reasonable degree of precision and particularity.  At the bottom           
         of page 3 and the top of page 4, of appellants’ specification,             
         the specification discloses that materials are selected to                 
         provide an electrical flow path through the contacts to discharge          
         any electrical charge which may build up on the substrate during           
         processing.  At the top of page 6 of the specification, the                
         specification discloses that the substrate can be supported on as          
         few as three contacts. Appellants' Fig. 7 illustrates how the              
         substrate is supported by the blade and contacts.  On page 5 of            
         the specification, the specification discloses that lateral                
         shoulders can be any shape to conform to the shape of the                  
         substrate being supported.  On page 9 of the specification, the            
         specification discloses that Fig. 15 is a schematic diagram of an          
         exemplary integrated cluster tool 60.  A robot can be                      
         incorporated into a first transfer chamber of the cluster tool             
         and allows transfer of substrates from one location to another.            
         Finally, with regard to the word "semi-conductive", page 7 of the          
         specification, beginning at line 5, clearly defines this word and          
         provides examples of materials.  Hence, the specification clearly          
         describes each aspect of the claims found problematic by the               
         examiner (as mentioned above) such that the claims are definate.           
         In view of the specification disclosure clarifying the claim               
         language in combination with the lack of explanation by the                

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