Appeal 2007-2134
Application 10/311,880
wherein a heater for heating the organic metal gas to a
temperature higher than a thermal decomposition point of an organic
metal gas but lower than a film forming temperature is incorporated at
a substrate side of said gas supply means.
The Examiner relies on the following prior art references as evidence
in rejecting the appealed claims:
Fukuda US 5,496,410 Mar. 5, 1996
Horie EP 1 033 743 A2 Sep. 6, 2000
Kuibira US 6,460,482 B1 Oct. 8, 2002
Shinriki US 6,800,139 B1 Oct. 5, 2004
Claims 1, 2 and 15 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Horie. Claims 3-11 stand rejected under 35 U.S.C. § 102(a)
as being anticipated by Kuibira. Claims 3-5, 7, and 11 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Fukuda. Claims 12 and 13 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over Horie in view
of Shinriki. Claim 14 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Horie in view of Shinriki and Fukuda.
We affirm the Examiner’s decision as to claims 3-11. We reverse the
Examiner’s decision as to claims 1, 2, and 12-15. Our reasoning follows.
§ 102(b) Rejection over Horie
All of anticipatorily rejected claims 1, 2 and 15 require a film forming
method wherein a portion of an organic metal gas supply means is heated to
a temperature higher than a thermal decomposition point of the organic
metal gas but less than a film forming temperature at a substrate-side of the
gas supply means.
The Examiner maintains that Horie inherently discloses this claimed
method limitation because Horie’s organometallic gas supply ejection holes
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