Appeal 2007-0127
Application 09/749,916
1 electrical resistivity of less than 0.05 ohm-cm because such an electrode
2 structure with that resistivity is known to be suitable for use in a plasma
3 apparatus. (Answer, p. 5, lines 1-3).
4 The Appellants urge three principal grounds of error.
5 First, the Appellants urge that the Examiner has erred in that the
6 combination of Degner and Murai does not suggest the thickness of the
7 electrode. (Br., p. 10, l. 20 - p. 11, l. 3). The reason is that Degner teaches it
8 is desirable to minimize the thickness of electrodes for expensive materials,
9 of which single crystal silicon is said to be one. (Br. p. 10, ll. 22-24).
10 We are not persuaded by this contention. The Appellants have taken a
11 single sentence of the Degner reference out of context. The entire paragraph
12 of Degner describes the electrode thickness thusly:
13 The thickness and other dimensions of the electrode plate
14 are not critical and will be selected based on the dimensions of
15 the reactor, cost of the material, machinability of the material,
16 material erosion rate, and the like. Usually, however, for
17 expensive material it will be desirable to minimize the
18 thickness of the electrode plate while providing sufficient
19 material to permit extended use before thinning of the
20 material requires replacement. Most commonly, the plate
21 will be in the form of a disc having a diameter in the range from
22 about 12 cm to 32 cm, usually being in the range from about 15
23 cm to 25 cm. The thickness of the plate will be in the range
24 from about 0.1 cm to 2 cm, usually being in the range from
25 about 0.3 cm [0.12 in] to 1 cm [0.4 in].
26
27 (col. 4, ll. 21-34)(emphasis added).
28 We find that the entire paragraph, taken in context, suggests the
29 appropriateness (“most commonly”) of plates ranging from about 0.1 cm to
30 2 cm, (from about 0.039 inch to 0.787 inch) and from about 0.3 cm to 1 cm
11
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