Appeal No. 2005-1711 Application No. 10/217,370 At the top of page 5 of the answer, the examiner responds and states that the word “peripheral” encompasses an area of significant thickness to encompass holes with sizes that change in the angular direction, and that this feature is shown by Nogami’s Figure 4b. We agree. That is, as depicted in appellants’ Figure 5, and as described on pages 15-16 of appellants’ specification, there are peripheral regions C1-C4. If one were to divide the figure shown in Nogami’s Figure 4b into such respective peripheral regions, the examiner is correct that each of such regions would have peripheral openings that are “variable in diameter.” Hence, we agree with the examiner’s rejection of claim 1 in this regard. Furthermore, as pointed by the examiner, Ballance teaches that it may be desirable to vary the sizes of the holes and their distribution, in ways that are known to person skilled in the art, so as to adjust and/or tailor the flow of process gas over the surface of the substrate. See col. 6, lines 58-61 of Ballance. Absent evidence of critically, we agree with the examiner that the subject matter of claim 1 is prima facie obvious. With regard to claim 9, appellants’ position is set forth on pages 16-17 of the brief. Appellants argue that, for the same reasons regarding the rejection of claims 1-8, Ballance in view of Nogami fails to suggest or give any direction as to which of many possible size variations and distributions of holes in a gas distribution plate are critical to achieve the desired affect of optimizing flow of gas over a substrate. Claim 9 differs from claim 1 by reciting that the peripheral regions C1-C4 having peripheral openings that differ in size relative to respective peripheral regions. That is, regions C2 and C4, shown in appellants’ Figure 5, have 5Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007