Ex Parte Hubacek et al - Page 4

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1                                      ISSUES                                                      
           2          Have the Appellants shown that the Examiner has not established that                    
           3    the claimed subject matter would have been obvious to a person having                         
           4    ordinary skill in the art, viewing the references of record - Saito, Uwai,                    
           5    Degner, and Murai - in the context of the knowledge and skill of one of                       
           6    ordinary skill in the art?                                                                    
           7          If the answer to the first issue is no, then have the Appellants shown                  
           8    that the Examiner erred in determining that the rebuttal evidence does not                    
           9    establish the patentability of the claimed subject matter?                                    
          10                                                                                                  
          11                               FINDINGS OF FACT                                                   
          12          The findings here and elsewhere in this decision are supported by a                     
          13    preponderance of the evidence of record.                                                      
          14                              Appellant’s Description                                             
          15          1.  The specification describes a low-resistivity (< 0.1 ohm-cm)                        
          16    silicon parallel- plate electrode which can be mounted in a plasma reaction                   
          17    chamber and used in semiconductor processing.  (Specification, p. 3, ll. 9-                   
          18    10).                                                                                          
          19          2.  The claimed electrode is a parallel-plate “showerhead” electrode                    
          20    which has a plurality of gas outlets arranged to distribute process gas in the                
          21    plasma reaction chamber.  (Specification, p. 3, ll. 16-17).                                   
          22          3.  The specification teaches that the gas outlets in a parallel-plate                  
          23    showerhead electrode are distributed across the exposed electrode surface.                    
          24    (Specification, p. 3, ll. 18-19).                                                             
          25          4.  Parallel-plate showerhead electrodes are well known as desirable                    
          26    for use in plasma reaction chambers.  (Degner, col. 2, ll. 2-7).                              

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