Ex Parte Tong et al - Page 7

               Appeal 2006-3124                                                                             
               Application 10/251,179                                                                       

               35 U.S.C. § 103(a) over AAPA in view of Fukuyama and Tanaka.  Claim 13                       
               is rejected under 35 U.S.C. § 103(a) over AAPA in view of Fukuyama and                       
               Tanaka, and further in view of Maeda.                                                        
                   The Examiner relies on AAPA for a disclosure of the invention as                         
               claimed in independent claim 1 with the exception of an adjustment for ring                  
               height. Figure 2 of the present application, shown below, illustrates a prior art            
               device.                                                                                      















               The Examiner describes Figure 2 as illustrating a substrate support (i.e.,                   
               electrostatic chuck 14’) and an upper ring (hot edge ring 42) having a portion               
               which extends under a substrate.  Answer 5.                                                  
                   The Examiner relies on Koike and Fukuyama for disclosures of a plasma                    
               process chamber where the height of a focus ring is controlled to have                       
               uniformity of processing under diverse processing conditions.  Answer 5                      


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