Ex Parte Hubacek et al - Page 27

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1          This argument is baseless. In the Final Rejection, July 26, 2005, the                   
           2    Examiner observed that Degner described “a graphite backing confinement                       
           3    ring bonded to the electrode,” citing Degner, col. 5, ll. 15-17.  Degner                      
           4    describes annular rings of graphite from col. 5, ll. 5-35.    Degner describes a              
           5    first insulating ring 90 and a second insulating ring 92 being provided                       
           6    around the outer periphery of the electrode assembly.  (Degner, col. 8, ll. 40-               
           7    42).  Degner’s insulating rings protect the support ring 14 from direct                       
           8    contact with the plasma and enhance the electrical field properties of the                    
           9    electrode plate 12 during use.  (Degner, col. 8, ll. 42-45).  While Degner                    
          10    does not specifically use the term “confinement” ring, these structures and                   
          11    materials appear to be identical to the confinement rings described in the                    
          12    present specification at p. 8, ll. 9-30.  They appear to function in the same                 
          13    manner as the claimed rings.    The Appellants have not shown otherwise.                      
          14          We therefore are unpersuaded by this argument of error.                                 
          15          (II) The Rejection of Claims 3, 21, 25, 27, 31, 33-37 and 40 under                      
          16    35 U.S.C. §103(a) over Degner in view of Murai and Saito.                                     
          17          (II-A) Claims 3 and 27                                                                  
          18          Claim 3 reads as follows:                                                               
          19                       3.  The electrode of claim 1, wherein the gas outlets have                 
          20                 diameters of 0.020 to 0.030 inch and the gas outlets are                         
          21                 distributed across the exposed surface.                                          
          22                                                                                                  
          23          The Examiner has applied Degner and Murai as in the previous                            
          24    rejection.  Saito is relied upon for describing a parallel plate plasma                       
          25    apparatus having an electrode with bores said to be suitably sized and having                 
          26    diameters of 0.5mm (0.020 inches).  The Examiner has concluded that it                        
          27    would have been obvious to make the outlets of the apparatus of Degner as                     

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