Ex Parte Buie et al - Page 4



          Appeal No. 2006-1320                                                        
          Application No. 10/024,958                                                  
          teaches noble gases as examples of the “other gases,” and Meyer             
          teaches carbon monoxide as an equivalent of noble gas argon as a            
          carrier gas.  While appellants stress that Meyer teaches the use            
          of carbon monoxide in combination with carbon tetrachloride, we             
          agree with the examiner that Yasuzato clearly teaches the                   
          equivalence of chlorine gas and carbon tetrachloride as an                  
          etchant for chromium (column 2, lines 12-14).1                              
               Appellants contend that “the critical use of nitrogen                  
          specifically in combination with chlorine and oxygen in Kornblit            
          teaches away from the use [sic, of] other compounds, such as                
          carbon monoxide recited in claims 1-24" (page 11 of principal               
          brief, penultimate paragraph).  However, as explained above,                
          Kornblit expressly teaches the use of other gases in the etchant            
          mixture.  Appellants have not explained why it would have been              
          nonobvious for one of ordinary skill in the art to use carbon               
          monoxide as a carrier gas in the etchant mixture of Kornblit.               
          Manifestly, the examiner’s finding of obviousness does not                  
          require the elimination of nitrogen from the etchant mixture of             


          1                                                                           
          1We note that the Demmin reference is not necessary for our conclusion      
          of obviousness of the claimed subject matter.                               
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