Ex Parte CLEEVES - Page 7




          Appeal No. 2003-1081                                                        
          Application 08/581,347                                                      


          appropriate combinations of seal materials and heat transfer                
          gases can be chosen to provide substantially uniform heat                   
          transfer.  This portion of the specification discloses that heat            
          transfer functions for the seal and the heat transferring gas can           
          be defined and equated to “determine the ratio or the relation              
          between the thermal conductivity of the gas and the thermal                 
          conductivity of the seal such that the heat transfer between the            
          lower electrode and the substrate is substantially uniform across           
          the substrate” (page 9, lines 24-27), but does not provide a                
          standard for determining the scope of “substantially”.                      
               The discussion in the appellant’s specification regarding              
          the prior art and the appellant’s figure 4b further indicates               
          that the scope of “substantially uniform” is unclear with respect           
          to the heat transfer across the substrate.  The discussion of the           
          prior art indicates that the periphery of the substrate, which              
          touches the cooled lower electrode as shown in the appellant’s              
          figure 1, is cooler than the central portion of the substrate               
          which, due to bowing of the substrate by the heat transferring              
          gas, is farther away than the periphery of the substrate from the           
          lower electrode (page 1, lines 19-21; page 3, lines 1-8).  The              
          appellant’s figure 4b and the discussion thereof (page 11,                  
          lines 21-24) indicate that the periphery of the appellant’s                 

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