Ex Parte Honma et al - Page 5



             Appeal No. 2006-3405                                                                                
             Application No. 10/631,858                                                                          

                                                   OPINION                                                       
                   In the rejection of instant claim 1 over Nakamura and Fukaya, the examiner                    
             finds that Nakamura shows (e.g., col. 4, ll. 36-67 and Fig. 1(a)) most aspects of the               
             invention, but does not “explicitly” show the first electrode surface terminated by                 
             the fluorine atoms.  The rejection turns to Fukaya (col. 4, l. 64 - col. 5, l. 2), and              
             finds that the reference teaches that etching with halogen atoms, such as fluorine,                 
             terminates the material being etched.  It would have been obvious, according to the                 
             rejection, to terminate the surface of the first electrode of Nakamura since Fukaya                 
             teaches that etching with halogen atoms, such as fluorine, terminates the material                  
             being etched.  (Answer at 3-4.)                                                                     
                   Appellants argue that while Fukaya discloses an electrode exposed to                          
             fluorine, Fukaya fails to teach or suggest that the electrode contains at least one                 
             element selected from the group consisting of Pt, Ir, Pd, and Ru that is terminated                 
             by fluorine.  We find that Fukaya teaches, in the section relied upon in the                        
             rejection, termination of dangling bonds by halogen atoms such as fluorine                          
             remaining on the surface of “a-Si photoconductive layer” during plasma etching.                     
             We do not find a response to appellants’ argument in the Answer.                                    


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