Ex Parte MERCALDI et al - Page 11



          Appeal No. 2003-1269                                                        
          Application 09/041,913                                                      

          claim 23, Lee’s teaching that the temperature is monitored                  
          (col. 6, lines 45-58) would have fairly suggested, to one of                
          ordinary skill in the art, monitoring the temperature of all                
          portions of the wafer surface.  The appellants’ claim 23 is open            
          to the selected portions of the substrate being all portions.               
               We therefore conclude that the processes claimed in the                
          appellants’ claims 1, 6, 8, 19 and 23 would have been obvious to            
          one of ordinary skill in the art over the combined teachings of             
          Lee and Parker.  Hence, we affirm the rejection over Lee in view            
          of Parker of these claims and claims 4, 5, 24 and 25 that stand             
          or fall with claim 1.3                                                      
                                       Claim 7                                        
               The appellants’ claim 7 requires that the temperature is               
          cycled.                                                                     
               The examiner argues that Lee’s “varying comprises                      
          periodically and alternately increasing and decreasing the                  
          temperature within the reaction chamber (col. 6, lines 8-11)”.              
          The portion of Lee relied upon by the examiner, however,                    
          discloses that to obtain uniform deposition, the temperature is             
          increased or decreased.  Lee does not disclose using a                      

               3                                                                      
               3 A discussion of Parker is not necessary to our decision.             
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