Ex Parte Boek et al - Page 5

                    Appeal 2006-2592                                                                                                    
                    Application 10/035,535                                                                                              

                    (1966).  The analysis supporting obviousness should be made explicit, and                                           
                    should “identify a reason that would have prompted a person of ordinary                                             
                    skill in the art to combine the elements” in the manner claimed.  KSR Int’l                                         
                    Co. v. Teleflex, Inc., 127 S. Ct. 1727, 1731, 82 USPQ2d 1385, 1389 (2007).                                          
                            Applying the preceding legal principles to the factual findings in the                                      
                    record of this appeal, we determine that the Examiner has properly                                                  
                    established a prima facie case of obviousness, which prima facie case has                                           
                    not been adequately rebutted by any evidence or arguments.  As shown by                                             
                    factual findings (1) and (2) listed above, we determine that Ishikawa                                               
                    discloses every limitation of claim 1 on appeal except the required pressure                                        
                    of “substantially greater than 1.013x102 kPa” (Answer 3).2  As shown by                                             
                    factual finding (3) listed above, we determine that Ishikawa does not suggest                                       
                    that developments flowing from its disclosure are unlikely to produce the                                           
                    objective of Appellants’ invention, namely, to improve chlorine doping                                              
                    levels (Specification 1:25 to 2:2).  We determine that Ishikawa suggests that                                       
                    higher partial pressures of chlorine-containing gas will be effective but                                           
                    would require modification of the furnace structure to contain high pressure                                        
                    gases (see factual finding (3) listed above).  Thus, we determine that                                              
                    Ishikawa does not teach away from the claimed subject matter.3                                                      
                            We determine that claiming a range of pressure that differs slightly                                        
                    from the prior art pressure range would have been prima facie obvious.  See                                         
                                                                                                                                       
                    2 Appellants assert that all pending claims stand or fall together (Br. 3).                                         
                    Accordingly, we select independent claim 1 and limit our consideration to                                           
                    this claim.                                                                                                         
                    3 We note that Appellants follow the teachings of Ishikawa by using higher                                          
                    chlorine gas partial pressures, which require modification of the                                                   
                    conventional furnace structure (Specification 5:5-8).                                                               
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