Ex Parte Walton et al - Page 2

                 Appeal 2007-2197                                                                                        
                 Application 10/254,119                                                                                  
                 immediately in front of a surface being coated such that the kinetic energy of                          
                 the ions deflects approaching particles away from the surface being coated                              
                 (claim 1).                                                                                              
                        Claim 1 is illustrative:                                                                         
                        1. A method for actively protecting a substrate from particulate                                 
                 contamination while a thin film is being applied to the substrate, comprising                           
                 directing a beam of ions through the space immediately in front of a surface                            
                 being coated, wherein the kinetic energy of said ions is used to deflect an                             
                 approaching particle away from said substrate, preventing it from reaching                              
                 the surface being coated.                                                                               
                        The Examiner relies on the following prior art references as evidence                            
                 of unpatentability:                                                                                     
                 Matsumaru US 5,431,794 Jul. 11, 1995                                                                    
                 Nakamura US 6,057,233 May 2, 2000                                                                       
                        The rejections as presented by the Examiner are as follows:                                      
                     1. Claims 1, 4, and 5 are rejected under 35 USC § 102(b) as being                                   
                        unpatentable over Nakamura.                                                                      
                     2. Claims 2 and 3 are rejected under 35 USC § 103(a) as being                                       
                        unpatentable over Nakamura.                                                                      
                     3. Claim 6 is rejected under 35 USC § 103(a) as being unpatentable over                             
                        Nakamura in view of Matsumaru.                                                                   
                        Appellants argue claim 1 only.  Accordingly, claims 2-6, which                                   
                 depend from claim 1, stand or fall with claim 1.                                                        

                                                      OPINION                                                            
                 35 USC § 102(b) NAKAMURA                                                                                
                        Appellants argue Nakamura “teach[es] away” from using an ion beam                                
                 for deflection of particles (Br. 4).  Appellants further argue that Nakamura                            


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