Appeal 2007-2095 Application 10/378,493 allowable but depending on a rejected claim (Br. 2).1 We have jurisdiction pursuant to 35 U.S.C. § 6(b). According to Appellants, the invention is directed to a device for depositing crystalline layers on a crystalline substrate in a process chamber by means of reaction gases, where the device includes a process chamber, a carrier plate consisting of graphite, a gas-admission element, a cover plate consisting of graphite, and a single-part gas-discharge ring consisting of solid graphite with a multiplicity of radial gas outlet openings (Br. 2-3). Claim 1 is representative of the invention and is reproduced below: 1. A device for depositing in particular crystalline layers on one or more, in particular likewise crystalline substrates in a process chamber by means of reaction gases which are introduced into the process chamber where they react pyrolytically, having a carrier plate which forms a wall of the process chamber which is heated from the rear, in particular using high frequency and consists of inert-coated graphite, having a gas-admission element, which is disposed in the center of the process chamber the chamber being circular in cross section, and is associated with a cover plate which consists of graphite and is disposed at a spacing from the carrier plate, and a gas-discharge ring which forms the outer boundary of the process chamber and has a multiplicity of radial gas outlet openings, characterized in that the gas-discharged ring is formed as a single-part consisting of solid graphite and is located in a radiation field of a high-frequency coil. The Examiner has relied on the following references as evidence of obviousness: Hayashi US 4,888,142 Dec. 19, 1989 Frijlink US 4,976,217 Dec. 11, 1990 Sillmon (‘855) US 6,325,855 B1 Dec. 04, 2001 Löfgren US 6,481,368 B1 Nov. 19, 2002 1 We refer to and cite from the “Substitute Appeal Brief Under 37 C.F.R. § 41.37” dated Dec. 27, 2005. 2Page: Previous 1 2 3 4 5 6 7 8 9 Next
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