Ex Parte Jurgensen et al - Page 8

                Appeal 2007-2095                                                                              
                Application 10/378,493                                                                        

                      (6) Hayashi teaches heating substrates with an induction heating coil                   
                          located above and below the substrate (Answer 6; see Hayashi,                       
                          Fig. 1; and col. 3, ll. 42-43); and                                                 
                      (7) Löfgren is applied for the same factual finding as noted in finding                 
                          (3) listed above.                                                                   
                      We also incorporate the legal principles as discussed above.  Applying                  
                these legal principles to the factual findings in the record of this appeal, we               
                determine that the Examiner has established a prima facie case of                             
                obviousness.  As shown by factual finding (4) listed above, we determine                      
                that Frijlink discloses every limitation of claim 1 on appeal with the                        
                exception of the graphite used to form the carrier plate, the cover plate, and                
                the gas-discharge ring, as well as heating from the rear (Answer 6).  As                      
                shown by factual findings (5) and (7) listed above, we determine that it was                  
                well known in the art to use graphite as a suitable construction material for                 
                the carrier plate, the cover plate, and the gas-discharge ring in epitaxial                   
                processing chambers (see the Answer 14).  We also determine that Sillmon                      
                ‘289 specifically suggests the replacement of the Mo gas-discharge ring of                    
                Frijlink by a graphite material (see factual finding (5) listed above).  Finally,             
                we determine that Hayashi teaches heating a substrate from the rear by a                      
                high frequency coil, and this finding has not been disputed by Appellants                     
                (see factual finding (6) listed above and the Brief in its entirety).                         
                Accordingly, we agree with the Examiner’s explicit analysis supporting                        
                obviousness, namely that it would have been well within the ordinary skill in                 
                this art to replace the Mo gas-discharge ring disclosed by Frijlink with the                  
                graphite gas-discharge ring as taught by Sillmon ‘289, as well as use                         


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