Ex Parte Freeman et al - Page 11

                Appeal 2007-1170                                                                                 
                Application 10/971,698                                                                           
                       Applicants' response                                                                      
                39. Freeman does not argue for the separate patentability of any of the                          
                claimed subject matter.  (Br. at 10–15.)                                                         
                40. Freeman contends that none of the references provide any guidance                            
                relevant to promoting uniformity of vapor efflux from apertures in a                             
                deposition source, and that none of the references provide any guidance as to                    
                ratios of volumes as recited in the claims on appeal.  (Br. at 10-15.)                           
                41. In particular, Freeman urges that Spahn describes only relations                             
                among various linear dimensions of the container, and that Spahn does not                        
                describe relations between volumes.  (Br. at 13.)                                                
                42. Similarly, Freeman urges that neither Shen nor Hanson provides any                           
                teaching relevant to volumes.  (Br. at 14.)                                                      
                43. Finally, Freeman argues that none of the secondary references provide                        
                any teachings for optimizing efflux from a container providing a plurality of                    
                apertures.  (Br. at 15.)                                                                         
                44. Freeman concludes that the Examiner's rejection over Freeman 013,                            
                Spahn, Shen, and Hanson should be reversed.  (Br. at 15-16.)                                     
                       C.    Discussion                                                                          
                       The burden on appeal is on the appellant, as the movant, to                               
                demonstrate reversible error in the position taken by the Examiner.                              
                       As Freeman has not argued for the separate patentability of any claim,                    
                we need consider only claim 1.  We reproduce the critical limitations of                         
                claim 1 here:                                                                                    


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