Ex Parte Yang - Page 10



          Appeal No. 2005-0713                                                        
          Application No. 10/153,719                                  Page 10         

          Nguyen.  The examiner rebuts (answer, page 9) this argument by              
          asserting that the motivation is “to minimize reflected power.”             
          We find appellant’s argument persuasive.                                    
               Nakano teaches (col. 2, ll. 20-30 and col. 4, ll. 3-10) a              
          novel way to clean a reaction chamber in order to avoid switching           
          out the band eliminator by varying the variable capacitor so that           
          the impedance reaches a local maximum value.  Implicit in this              
          teaching is the desire to enhance the reflected power, as argued            
          by appellant at page 11 of the brief.  Absent some evidence of a            
          motivation to minimize the reflected power by incorporating a               
          decoupling capacitor in the plasma processing apparatus of Nakano,          
          we cannot agree that a prima facie case of obviousness has been             
          established.  In this regard, the examiner bears the burden of              
          explaining why minimizing reflected power would be advantageous in          
          the system of Nagano.  Merely asserting that Nguyen employs a               
          blocking capacitor to minimize reflected power in the system of             
          Nguyen does not explain why such a result would be desirable in             
          the apparatus of Nakano, wherein a cleaning function at a maximum           
          impedance value would be desired.  Accordingly we reverse this              
          rejection.                                                                  







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