Ex Parte Faguet

Board of Patent Appeals and Interferences

May 15, 2012

11281343 (B.P.A.I. May. 15, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte JACQUES FAGUET
____________

Appeal 2011-002744
Application 11/281,343
Technology Center 1700
____________

Before BRADLEY R. GARRIS, CHUNG K. PAK, and LINDA M.
GAUDETTE, Administrative Patent Judges.

PER CURIAM.

DECISION ON APPEAL

Appellant appeals under 35 U.S.C. § 134 from the Examiner's
rejections under 35 U.S.C. § 103(a) of sole independent claim 1 over Seo
(US 2006/0000411 A1, pub. Jan. 5, 2006) in view of Johnson (US
2003/0024900 A1, pub. Feb. 6, 2003) and of remaining claims 4-19 as
unpatentable over these references alone or further in view of other prior art
of record. We have jurisdiction under 35 U.S.C. § 6.
Appeal 2011-002744
Application 11/281,343

2
We sustain the Examiner's rejections based on the findings of fact,
conclusions of law, and rebuttals to arguments expressed in the Answer.
The following comments are added for emphasis.
Appellant points out that Johnson does not teach any particular degree
of plasma uniformity and argues that, "with no evidence of record for any
degree of plasma uniformity in the art, optimization is not a proper basis for
establishing a case of prima facie obviousness" (App. Br. 13). This
argument is unpersuasive because it is contrary to the plasma-uniformity
teachings of Johnson. The record of this appeal reflects that one with
ordinary skill in this art would have obtained Appellant's claimed plasma
uniformity by following the teachings of Johnson with a goal of optimizing
the desired uniformity.
The decision of the Examiner is affirmed.

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. §1.136(a)(1)(iv).
AFFIRMED

ssl