Ex Parte Christenson et al - Page 14

                Appeal 2007-0908                                                                                 
                Application 10/152,077                                                                           
                44. Dry gas is then passed over the wafer, which is brought to a second                          
                rotation speed of about 800-1800 rpm.  (Bergman at 4:36-54.)                                     
                       Mohindra and Hamaya                                                                       
                       Because Christenson does not present distinct arguments for the                           
                patentability of the claims rejected over Mohindra or Hamaya, we do not                          
                find it necessary to describe these references.                                                  

                C. Discussion                                                                                    
                       Obviousness is a legal conclusion based on findings of fact.  Graham                      
                v. John Deere Co., 383 U.S. 1, 17, 148 USPQ 459, 466 (1966).  It follows                         
                that if the findings of fact are erroneous or insufficient, the legal conclusion                 
                cannot stand.  On appeal, the burden is on the Appellant to show reversible                      
                error in a rejection prima facie established by the Examiner.                                    
                       During prosecution of an application for patent, the claims are given                     
                the broadest reasonable interpretation in light of the specification as it would                 
                be interpreted by one of ordinary skill in the art.  Phillips v. AWH Corp., 415                  
                F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005) (en banc).  The                           
                focus remains on the words of the claim, Phillips, 415 F.3d at 1314, 75                          
                USPQ2d at 1327.  The distinction between using the specification to                              
                interpret the meaning of a claim and importing limitations from the                              
                specification into the claims must be maintained.  Phillips, 415 F.3d at 1324,                   
                75 USPQ2d at 1334.  Moreover, all of the words of the claim must be                              
                considered when construing the claim.  Merck & Co. v. Teva Pharms. USA,                          
                Inc., 395 F.3d 1364, 1372, 73 USPQ2d 1641, 1648 (Fed. Cir. 2005) ("A                             



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