Ex Parte Goto et al - Page 5



                Appeal 2007-1884                                                                                
                Application 10/329,205                                                                          

                claimed temperature value, stating that “[a]lthough the silicon etch process                    
                was tested only at a substrate temperature of about 385°C (a susceptor                          
                temperature of 450°C), the temperature need not be that high” (Specification                    
                2, last para.).  The Specification goes on to state that “[i]t is a matter of                   
                routine experimentation to determine the minimum temperature to which a                         
                substrate or workpiece must be elevated in order to cause the molecular                         
                fluorine gas to react with and remove a silicon layer exposed on the                            
                substrate” (id.).                                                                               
                       We also do not subscribe to Appellants’ position that Hiroi’s                            
                discussion of the prior art silicon etching with fluorocarbon plasmas                           
                indicates that the molecular fluorine etch disclosed is also in the plasma                      
                state.  Hiroi simply states that the prior art employed fluorocarbon plasmas,                   
                but provides no teaching that the molecular fluorine etchant is in the plasma                   
                state.  Conspicuously absent is any discussion of using molecular fluorine                      
                plasma.                                                                                         
                       As a final point, we note that Appellants base no argument upon                          
                objective evidence of nonobviousness, such as unexpected results, which                         
                would serve to rebut the inference of obviousness established by the                            
                Examiner.                                                                                       
                       In conclusion, based on the foregoing and the reasons well stated by                     
                the Examiner, the Examiner’s decision rejecting the appealed claims is                          
                affirmed.                                                                                       


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