Ex Parte Rice et alDownload PDFBoard of Patent Appeals and InterferencesJan 24, 201210988175 (B.P.A.I. Jan. 24, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________________ Ex parte MICHAEL R. RICE, ERIC A. ENGLHARDT, ROBERT B. LOWRANCE, MARTIN R. ELLIOTT, and JEFFREY C. HUDGENS ____________________ Appeal 2009-012875 Application 10/988,175 Technology Center 3600 ____________________ Before: JENNIFER D. BAHR, LINDA E. HORNER, and PHILLIP J. KAUFFMAN, Administrative Patent Judges. KAUFFMAN, Administrative Patent Judge. DECISION ON APPEAL Appeal 2009-012875 Application 10/988,175 2 STATEMENT OF CASE Appellants seek review of the Examiner’s rejection of claims 1-7 under 35 U.S.C. § 102(b) as anticipated by Miller (US 2,458,621; iss. Jan. 11, 1949), and claims 8-10 under 35 U.S.C. § 103(a) as obvious in view of Miller. We have jurisdiction under 35 U.S.C. § 6(b). We reverse. THE INVENTION Appellants’ claimed invention “relates generally to the field of semiconductor substrate carriers, and more specifically to methods and apparatuses for aligning a substrate carrier on a surface and preventing lateral motion of the substrate carrier despite acceleration thereof.” Spec. 2:2-6. Independent claim 1, the sole independent claim on appeal, is reproduced below and is illustrative (emphasis added): 1. A kinematic pin for supporting a substrate carrier, comprising: a pin body comprising: an inclined surface that slidably communicates with an inclined surface of a mating feature of a substrate carrier, and allows the mating feature to locate on and laterally align with the kinematic pin via the force of gravity; and a shear member that deters a lateral inertial load arising from the substrate carrier from urging the mating feature of the substrate carrier into misalignment with the kinematic pin, wherein the pin body permits the substrate carrier to be elevated relative to the kinematic pin. ISSUE Claim 1 calls for a pin body that includes an inclined surface that slidably communicates with an inclined surface of a mating feature of a Appeal 2009-012875 Application 10/988,175 3 substrate carrier. Both rejections rely upon the Examiner’s finding that Miller’s pin body1 includes an inclined surface (outer conical portion 162) that slidably communicates with the inclined surface of a mating feature of a substrate carrier (tapered bushing 23).2 Ans. 3-4. The Examiner also finds that Miller’s pin body includes an inclined surface (outer conical portion 162) that slidably communicates with the inclined surface of the furniture leg as shown in Miller’s figures 3-5. Ans. 5. Appellants argue that the Examiner’s findings that Miller discloses a pin body having an inclined surface as called for in claim 1 are in error. App. Br. 10; Reply Br. 6. The issue presented by this appeal is whether the Examiner’s finding that Miller discloses a pin body having an inclined surface as called for in claim 1 is in error. ANALYSIS Outer conical portion 162 of Miller’s rubber plug 10 is separated from the inclined surface of tapered bushing 23 by annular recess 14.3 Miller, col. 2, ll. 48-50; fig. 3. Further, outer conical portion 162 of Miller’s rubber plug 10 is also separated from the inclined surface of the furniture leg (tapered bushing 3 and truncated conical portion 24) by annular recess 14. Miller, col. 3, ll. 20-22; figs. 4, 5. Because the inclined surfaces of tapered bushing 23 and the furniture leg (tapered bushing 3or truncated conical portion 24) do not contact outer conical portion 162, these surfaces are not in slidable 1 The Examiner identifies cylindrical portion 15 of rubber plug 10 as corresponding to the claimed pin body. 2 The obviousness rejection does not modify this finding. Ans. 4. 3 Intermediate portion 16 is comprised of inner cylinder section 16’ and outer conical portion 162. Miller, col. 2, ll. 46-28; fig. 1. Appeal 2009-012875 Application 10/988,175 4 communication. Consequently, each of the Examiner’s findings are in error, and we cannot sustain the rejection of claims 1-10. CONCLUSION The Examiner’s finding that Miller discloses a pin body having an inclined surface as called for in claim 1 is in error. DECISION We reverse the Examiner’s decision to reject claims 1-10. REVERSED nlk Copy with citationCopy as parenthetical citation