Ex Parte Miyano et al - Page 11

                  Appeal 2007-0496                                                                                               
                  Application 10/273,147                                                                                         

                  § 103(a).                                                                                                      
                          The grounds of rejection of claim 11 and of claims 12 and 21 through                                   
                  24 dependent thereon, are each based principally on the combined teachings                                     
                  of Anderson, Lee, and Ito. The plain language of claim 11 is similar to claim                                  
                  1 and specifies a CVD apparatus comprising at least, among other things,                                       
                  with reference to Specification Figs. 1 and 2, ring heater 20 provided                                         
                  directly on transparent plate 2 for heating the plate so that a central portion                                
                  of transparent plate 2 keeps its temperatures low relative to the peripheral                                   
                  portion of the plate.  We determined the scope of Anderson and Lee above.                                      
                  Ito would have disclosed to one of ordinary skill in this art heat diffusion                                   
                  plate 11 having heater 14 which has heating elements concentrically                                            
                  arranged, that holds and heats a substrate.  Ito, e.g., col. 6, ll. 4-46, col. 7,                              
                  ll. 1-14, col. 8, ll. 24-65, col. 10, ll. 31-48, and Figs. 1, 2, and 7-9.                                      
                          The Examiner contends Ito’s plate 11 is transparent and concludes one                                  
                  of ordinary skill in the art would have replaced one of Anderson’s “heaters                                    
                  with Ito’s flush heater” so that the a central portion of the transparent plate                                
                  keeps its temperatures low relative to the peripheral portion of the plate as                                  
                  claimed to control regional heating in Anderson’s processing chamber.  The                                     
                  Examiner contends the transparency of plate 11 is evinced by Ito’s                                             
                  requirement for transmission of heat through the plate.  Office Action 7-8;                                    
                  Answer 6-8.  Appellants contend there is no disclosure in Ito evincing plate                                   
                  11 is or can be transparent, including no disclosure the transparency of plate                                 
                  11 is necessary to transiting heat therethrough, and thus no disclosure or                                     

                                                                                                                                
                  7  See, e.g., directly, The American Heritage Dictionary of the English                                        
                  Language 512 (4th ed., Boston, Houghton Mifflin Company, 2000).                                                
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