Ex Parte Jurgensen et al - Page 2

                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.                                                                 
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