Ex Parte Hubacek et al - Page 33

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1                       thin beads of an electrically conductive elastomeric                       
           2                 material between the electrode and the graphite backing ring,                    
           3                 the elastomeric material including an electrically conductive                    
           4                 filler which provides an electrical current path between the                     
           5                 electrode and the graphite backing ring.                                         
           6                                                                                                  
           7          The Appellants urge that Murai and Degner fail to suggest                               
           8    substantially modifying Murai’s plasma chamber to produce the plasma                          
           9    reaction chamber including a showerhead electrode as recited in claims 8-10                   
          10    in light of the substantially different structure and principle of operation of               
          11    Murai’s apparatus.  (Br., paragraph spanning pp. 28 - 29).  By this, the                      
          12    Appellants appear to mean that the ordinary worker would not have                             
          13    modified Murai by changing the introduction of gases through the sidewall                     
          14    to introducing them through a showerhead electrode, as taught by Degner.                      
          15    (Br. at 27).  The Appellants do not explain why the “principles of operation”                 
          16    are so different that the ordinary worker would not have tried to obtain the                  
          17    advantages of uniform plasma generation that are offered by showerhead                        
          18    electrodes.                                                                                   
          19          We are not persuaded.  As noted above, the Appellant has not shown                      
          20    by persuasive evidence or reasoning what principle of operation has been so                   
          21    changed as to render the teachings relating to the electrodes nontransferable.                
          22          (IIID)  Claims 30 and 38                                                                
          23          The Appellants urge that Murai and Degner fail to suggest modifying                     
          24    Murai’s plasma chamber to produce a plasma reaction chamber including a                       
          25    showerhead electrode, much less a showerhead electrode having a plurality                     
          26    of gas outlets arranged to distribute process gas and a graphite backing ring                 
          27    elastomer bonded to the electrode.  (Br., p. 29, ll. 9-18).                                   


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