Ex Parte Araki et al - Page 3


               Appeal No. 2005-0931                                                                                                  
               Application 10/006,679                                                                                                

               formed on any substrate by any physical vapor deposition method, wherein a temperature of the                         
               front side of the substrate is controlled within a range of ± 2°C.                                                    
                       In addition to the similarities between the claimed thin film magnets and those produced                      
               by a sputter deposition process in Araki with respect to the film composition and manner of                           
               preparation found by the examiner (answer, page 3), we find that Araki would have disclosed                           
               that the illustrative apparatus for preparing single as well as multiple thin film magnets can                        
               “precisely” control the power applied to the target, the gas pressure and the temperature of the                      
               substrate by appropriate controllers (e.g., col. 5, ll. 3-7, col. 10, ll. 4-6, and FIGs. 1 and 4),                    
               which controllers are used in appellants’ apparatus that additionally includes a thermoelectric                       
               couple on the back or front side of the substrate “to refer the temperature of the substrate”                         
               (specification, e.g., page 13, ll. 10-17, and FIG. 11).  We note that the illustrative apparatus of                   
               both Araki (e.g., col. 4, ll. 57-58) and appellants (specification, page 12, l. 23, to col. col. 13, l.               
               1) have the substrate heater positioned behind the substrate.  Araki also discloses that the                          
               deposition of thin film magnets occurs at substrate temperatures in the range of 500° to 630°C,                       
               wherein the thin film has “an Nd2Fe14B-based ferromagnetic phase as a main phase and the C-                           
               axis of the crystal is oriented perpendicular to the film plane,” with the ranges of 510° to 590°C                    
               and particularly, 530° to 570°C (col. 6, ll. 35-50, col. 13, ll. 30-31 and 33-39, col. 14, ll. 43-47                  
               and Table 7).  Araki discloses such thin film magnets as, among others, Sample 6 of Table 1                           
               produced at 550°C, and Samples 3, 6, 9 and 12 of Table 7 illustrating 530°C and 570°C, which                          
               thin film have a composition falling within appealed claim 1.  These samples involve thin films                       
               which have a composition falling within appealed claim 1.  With respect to temperature of the                         
               substrate, we find in the written description in appellants’ specification the disclosure that thin                   
               film magnets similar to those of Araki cited here exhibit the required “interior structure” when                      
               heated in the range of 520° to 560°C (specification, page 20 and Table 2).                                            
                       Accordingly, in view of the similarity between the thin film magnets encompassed by                           
               appealed claim 1 and disclosed by Araki in the common composition, including the composition                          
               of particular samples falling within the composition of the film stated in appealed claim 1, the                      
               common sputter deposition method using the same type of apparatus with “precise” control of                           
               the substrate temperature in the same preferred ranges which obtains the same Nd2Fe14B type                           
               crystalline main phase and perpendicular c-axis orientation to the film plane, we agree with the                      

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