Ex Parte Hubacek et al - Page 34

                Appeal 2007-0127                                                                              
                Application 09/749,916                                                                        

           1          This argument is unpersuasive.  Degner expressly discloses that it is                   
           2    desirable to form apertures or orifices through the plate in order to facilitate              
           3    introduction of reactant gases into the reactor volume.  The pattern will be                  
           4    circular, and laid out in a uniform symmetrical pattern. (Degner, col. 1, ll.                 
           5    45-54).  Degner also discloses a support annular ring (Degner, col. 5, l. 25),                
           6    made of graphite (Id., l. 16), which is elastomerically bonded to the                         
           7    electrode (Id, col. 6, l. 67 - col. 7, l. 2).   Furthermore, the Appellants have              
           8    not indicated why these limitations render the claims separately patentable;                  
           9    see Bd. R. 37(c)(vii).  Accordingly, we affirm this rejection as it applies to                
          10    claims 30 and 38.                                                                             
          11          (III-E)  Claims 39 and 41                                                               
          12          The Appellants urge that the Examiner “fails to identify” the claimed                   
          13    confinement ring. (Br. p. 30, ll. 1-3). As noted above, this argument is                      
          14    incorrect.  We affirm this rejection as to claims 39 and 41.                                  
          15          (IV)  The Rejection of Claims 3, 21, 25, 27, 31, 33-37, and 40 under                    
          16    35 U.S.C. §103(a) over Murai in view of Degner and Saito.                                     
          17          The Examiner has applied Murai and Degner as in the previous                            
          18    rejections, and further found that Saito describes a parallel plate plasma                    
          19    apparatus having an electrode with a plurality of bores having diameter of                    
          20    0.5 mm (0.20 inch).  (Answer, p. 11, ll. 3-7).  The Examiner thus concludes                   
          21    it would have been obvious to one of ordinary skill in the art to make the                    
          22    apparatus of Murai modified by Degner and utilizing bores of the claimed                      
          23    diameter in the showerhead electrode because Saito teaches that the diameter                  
          24    is suitable.  (Id., ll. 7-10).                                                                
          25          (IV-A)  Claims 3 and 27                                                                 


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