Ex Parte Raaijmakers et al - Page 8




              Appeal No. 2006-1333                                                                                      
              Application No. 10/347,849                                                                                

              deposition processes with high deposition rates.  As stated by Venkatesan, “[t]he present                 
              invention describes ... depositing, at a high deposition rate, a high quality, uniform,                   
              amorphous silicon and polysilicon films with good step coverage across the surface of a                   
              substrate.”  With our previous discussion in mind along with the fact that Venkatesan                     
              disclosed invention is concerned only with high deposition rates, it is our view that,                    
              although the exact value of a reduced deposition rate for 0.25 um width holes is not                      
              disclosed by Venkatesan, a reasonable conclusion would be that the reduced rate would                     
              remain within the defined high deposition rate, the lower limit of which is 50 nm/min as                  
              presently claimed.  We would further point out that it is well settled that, as in the present            
              situation where an explicit deposition rate value is not disclosed, even if a reference fails to          
              explicitly spell out every detail of a claimed invention, such a reference would anticipate a             
              claim if it discloses the claimed invention “such that a skilled                                          









              artisan could take its teachings in combination with his own knowledge of the particular art              
              and be in possession of the invention.”  In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d                      
              1697, 1701 (Fed. Cir. 1995), quoting from In re LeGrice, 301 F.2d 929, 936, 133 USPQ                      
              365, 372 (CCPA 1962).                                                                                     
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