Ex Parte Su et al - Page 5

          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                       
                                           5                                           


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