Ex Parte DiVergilio et al

Patent Trial and Appeal Board

Oct 31, 2012

11544971 (P.T.A.B. Oct. 31, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_____________

Ex parte WILLIAM F. DIVERGILIO, VICTOR M. BENVENISTE, and
PETER L. KELLERMAN

Appeal 2010-012437
Application 11/544,971
Technology Center 1700
______________

Before ROBERT E. NAPPI, MARC S. HOFF, and CARLA M. KRIVAK,
Administrative Patent Judges.

Per Curiam

DECISION ON APPEAL
Appeal 2010-012437
Application 11/544,971

2

This is a decision on appeal under 35 U.S.C. § 134(a) of the rejection
of claims 1, 5 through 7, 9, and 11.
We affirm.
INVENTION
The invention is directed to an RF antenna for use in a plasma
chamber which has multiple conductive loops and capacitors. See Figures
12 through 14, Specification pages 6, 21, and 22. Claim 1 is representative
of the claimed invention under appeal and reproduced below:

1. An antenna, comprising:
a plurality of conductor segments; and
a plurality of capacitors, wherein the conductor segments
are serially connected through the plurality of capacitors,
wherein the conductor segments each have an inductive
reactance associated therewith, and wherein the capacitors each
have a capacitive reactance associated therewith, and wherein
one of the conductors and one of the capacitors form an antenna
segment, wherein the conductor segments and the capacitors are
configured such that the inductive reactance of the conductor
segments and the capacitive reactance of the capacitors are
equal at a predetermined frequency,
wherein the plurality of conductor segments and the
plurality of capacitors are collectively arranged in an
azimuthally symmetric fashion, wherein a non-uniform
capacitive electrostatic field component along each conductor
segment is repeated in the azimuthally symmetric fashion; and
an antenna drive circuit coupled to a first and a last of the
plurality of conductor segments, and operable to provide power
to all the conductor segments of the antenna at the
predetermined frequency.

REFERENCE
Kwon US 2002/0189763 A1 Dec. 19, 2002
Appeal 2010-012437
Application 11/544,971

3

REJECTION AT ISSUE
The Examiner has rejected claims 1, 5 through 7, 9, and 11 under 35
U.S.C. § 102(a) and (e) as anticipated by Kwon. Answer 3-8.
1

ISSUE
Appellants argue on pages 4 through 8 of the Brief that the
Examiner’s rejection under 35 U.S.C. § 102 is in error.
2
These arguments
present us with the issue: Did the Examiner err in finding Kwon teaches the
structure of conductor segments and capacitors configured such that the
inductive reactance of the conductor segments and the capacitive reactance
of the capacitors are equal at a predetermined frequency, and a drive circuit
to provide power to the antenna at the predetermined frequency?

ANALYSIS
We have reviewed the Examiner’s rejections in light of Appellants’
contentions that the Examiner has erred. Further, we have reviewed the
Examiner’s response to Appellants’ arguments.
We disagree with Appellants’ conclusions. We adopt as our own
(1) the findings and reasons set forth by the Examiner in the action from
which this appeal is taken and (2) the reasons set forth by the Examiner in
the Examiner’s Answer in response to Appellants’ Appeal Brief. We concur
with the conclusion reached by the Examiner.

1
Throughout this opinion we refer to the Examiner’s Answer mailed May
13, 2010.
2
Throughout this opinion we refer to Appellants’ Appeal Brief dated
February 10, 2010.
Appeal 2010-012437
Application 11/544,971

4

Specifically, Appellants argue limitations directed to the conductor
segments, capacitors, and antenna drive circuits are structural and not
limited to intended use, as found by the Examiner. Brief 4-6. Further,
Appellants argue Kwon does not inherently disclose conductors and
capacitors having a reactance that are equal at a predetermined frequency as
claimed. Brief 7-8. The Examiner finds that Kwon teaches the antenna is a
parallel resonance antenna (operates at the resonant frequency). Answer 11.
We concur. See also Kwon paras. 0014 and 0029. Based upon this finding
and Appellants’ Specification, which identifies that resonant frequency
exists when the value of reactance at a predefined frequency is the same for
the inductive components and capacitive components, the Examiner finds
that Kwon’s device inherently possesses the claimed relationship between
inductive reactance and capacitive reactance. Answer 11-12. We concur.
The Examiner has shown Kwon includes the same structure of inductors and
capacitors operating in resonance, and found that it is inherent that the
values of inductive reactance and capacitive reactance have the claimed
relationship (Ans. 11-12). This finding is sufficient to shift the burden to
Appellants to prove error.
3
Appellants’ arguments on page 7 and 8 of the
Brief do not present sufficient evidence to persuade us of error in the

3
Our reviewing court has said “where the Patent Office has reason to
believe that a functional limitation asserted to be critical for establishing
novelty in the claimed subject matter may, in fact, be an inherent
characteristic of the prior art, it possesses the authority to require the
applicant to prove that the subject matter shown to be in the prior art does
not possess the characteristics relied on.” In re Schreiber, 128 F.3d 1473,
1478 (Fed. Cir. 1997) (citing In re Swinehart, 439 F.2d 210, 213 (CCPA
1971)).
Appeal 2010-012437
Application 11/544,971

5

Examiner’s finding that the similar structure of Kwon possesses the
relationship between inductive reactance and capacitive reactance as
claimed. Accordingly, we sustain the Examiner’s rejection under 35 U.S.C.
§ 102.

CONCLUSION
The Examiner did not err in rejecting 1, 5 through 7, 9, and 11.

DECISION
The Examiner’s rejection of claims 1, 5 through 7, 9, and 11 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

ELD