Ex Parte Yudovsky et al - Page 4

                Appeal 2007-2185                                                                                   
                Application 10/614,992                                                                             
                       Appellants disclose that a shadow or purge ring (i.e., edge ring) is                        
                used to control deposition on the edge of the substrate during processing                          
                (Specification ¶¶ [0006], [0007]).  Appellants further disclose that the goal                      
                of their disclosed invention is to prevent deposition of the process gases on                      
                the backside and edge of a substrate (Specification ¶ [0002]).                                     
                       Therefore, like Appellants’ disclosed invention, Cheng’s support                            
                means 70 cooperates with the shield ring 50 to provide a curtain of purge gas                      
                and prevent undesirable deposition on the wafer, especially the backside of                        
                the wafer (Cheng, col. 8, ll. 40-46; col. 1, ll. 3-8).  Accordingly, we find that,                 
                since Cheng’s support means 70 functions as an edge ring (i.e., prevents                           
                undesirable deposition of the process gas), the support means 70 may be                            
                considered an edge ring.                                                                           
                       We are unpersuaded by Appellants’ argument that support means 70                            
                cannot be called an edge ring because it is not located near the edge of the                       
                substrate and does not provide any structural interaction or function with the                     
                edge of the substrate (Br. 13).  Notably, Appellants’ claims do not require                        
                that the edge ring be located near the edge of a substrate or provide                              
                structural interaction with the edge of the substrate.  In other words,                            
                Appellants argue features that are not in the claims.  We will not read such                       
                limitations into the claims.  In re Zletz, 893 F.2d 319, 321, 13 USPQ2d                            
                1320, 1322 (Fed. Cir. 1989) (stating it is incorrect for the Board to read                         
                unwritten limitations into claims).                                                                
                       Because Cheng discloses Appellants’ argued distinction, we affirm                           
                the Examiner’s § 102(b) rejection of claims 3-6, 8-14, and 17-25 over                              
                Cheng.                                                                                             



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