Ex Parte Hubacek et al - Page 16

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1          Moreover, no credible evidence or argument is presented showing that                    
           2    the limited evidence offered is representative of the entire range.  As a                     
           3    consequence, the evidence is not commensurate in scope with the claimed                       
           4    subject matter.                                                                               
           5          Even were the evidence commensurate in scope with the claimed                           
           6    subject matter, we find it further unpersuasive for the following reasons.                    
           7                 (a) The Center-To-Edge Temperature Gradient                                      
           8          Mr. Hubacek testifies that he fabricated four showerhead electrodes of                  
           9    different thicknesses which each had a number of gas passages in them and a                   
          10    range of resistivities.    He testifies further that he applied different wattages            
          11    to them.  The variables of his testimony are assembled in Table 1 below:                      
          12    Table 11:                                                                                     
          13                                                                                                  
                           Electrode   Thickness   Resistivity    Gas Passages                                
                                        (inches)   (ohm-cm)         (number)                                  
                               1          0.15     0.005-0.02         3249                                    
                               2          0.18     0.005-0.02         3249                                    
                               3          0.25     0.005-0.02         3249                                    
                               4          0.35     0.005-0.02         2437                                    
          14                                                                                                  






                                                                                                             
                1 Table 1 illustrates electrode variables for four electrodes, including                      
                thickness, resistivity, and gas passages in columnar format.                                  
                                                     16                                                       

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