Ex Parte Ishii

Board of Patent Appeals and Interferences

Nov 30, 2007

10343201 (B.P.A.I. Nov. 30, 2007)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte NOBUO ISHII

Appeal 2007-2150
Application 10/343,201
Technology Center 1700
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Decided: November 30, 2007
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Before PETER F. KRATZ, JEFFREY T. SMITH, and
LINDA M. GAUDETTE, Administrative Patent Judges.

SMITH, Administrative Patent Judge.

DECISION ON APPEAL
Statement of the Case
This is an appeal under 35 U.S.C. § 134 from a final rejection of
claims 1-10. We have jurisdiction under 35 U.S.C. § 6.1
Appellant’s invention relates to a radial antenna and a plasma
processing apparatus comprising a radial antenna. Claims 1 and 10 are
illustrative:

1 An oral hearing was held on October 23, 2007.
Appeal 2007-2150
Application 10/343,201

1. A radial antenna characterized by comprising
a first conductive plate having a plurality of slots,
a second conductive plate having a microwave entrance and
arranged to oppose said first conductive plate,
a ring member which connects peripheral portions of said first
and second conductive plates, and
a guide member arranged in a radial waveguide formed of said
first and second conductive plates to extend in a direction of
propagation of a microwave from said microwave entrance to
said ring member.

10. A plasma processing apparatus characterized by comprising
a susceptor which places a target object thereon,
a process chamber which accommodates said susceptor,
exhaust means for evacuating an interior of said process
chamber,
gas supply means for supplying a gas into said process
chamber, and
antenna means which is arranged to oppose a surface of said
susceptor where the target object is to be placed and which
supplies a microwave into said process chamber,
wherein said antenna means comprises the radial antenna
according to claim 1.
The Examiner relies on the following references in rejecting the
appealed subject matter:
Kakehi ....................................... US 5,433,789 Jul. 18, 1995
Goto ........................................ 2001/0008122 A1 Jul. 19, 2001
Kawakami US 6,470,824 B2 Oct. 29, 2002
Claims 1-10 stand rejected under 35 U.S.C. § 103(a) as unpatentable
over Goto in view of Kakehi; and Kawakami in view of Goto and Kakehi.
2
Appeal 2007-2150
Application 10/343,201

We REVERSE.
The Examiner bears the initial burden of presenting a prima facie
case of obviousness. In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992).
In order to establish a prima facie case of obviousness, the Examiner must
show that each and every limitation of the claim is described or suggested
by the prior art or would have been obvious based on the knowledge of
those of ordinary skill in the art. In re Fine, 837 F.2d 1071, 1074 (Fed.
Cir. 1988)). “[R]ejections on obviousness grounds cannot be sustained by
mere conclusory statements; instead, there must be some articulated
reasoning with some rational underpinning to support the legal conclusion
of obviousness.” In re Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006) (quoted
with approval in KSR Int'l Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741
(2007)).
The Examiner has not established obviousness in this case.
The claimed invention is directed to a radial antenna, the guide
member may comprise a plurality of conductive partitions arranged in the
radial waveguide.
The Specification describes the radial antenna and guide member as
follows:
[T]he radial antenna comprises a first conductive plate
having a plurality of slots, a second conductive plate having a
microwave entrance and arranged to oppose the first conductive
plate, a ring member which connects peripheral portions of the
first and second conductive plates, and a guide member arranged
in a radial waveguide formed of the first and second conductive
plates to extend in a direction of propagation of a microwave
from the microwave entrance to the ring member.
The guide member can suppress generation of a standing
wave at least in the circumferential direction of the radial
3
Appeal 2007-2150
Application 10/343,201

waveguide, and can prevent production of complex
electromagnetic mode due to a microwave reflected from the
peripheral portion of the radial waveguide. Hence, no
electromagnetic absorbing member need be provided to the
peripheral portion of the radial waveguide. The microwaves
reflected from the peripheral portion of the radial waveguide are
also radiated through the slots formed in the first conductive
plate, so the microwaves contribute to production of a plasma.
Since no electromagnetic absorbing member need be provided,
excessive heat is not generated.
In this radial antenna, the guide member may comprise a
plurality of conductive partitions arranged in the radial
waveguide radially when viewed from the top and extending
between the first and second conductive plates.
(Spec. 4-5).
The Specification discloses the guide member functions to distribute
the microwave supplied to the radial antenna. Specifically the
Specification states:
The microwave MW supplied to the radial antenna 30
spreads radially from the center in the radial waveguide 33
formed of the conductive plates 31 and 32. The partitions 37
arranged in that region of the radial waveguide 33 which is
close to its peripheral portion serve as the guide members, so
the microwaves MW propagate along the partitions 37. Since
the gap between the adjacent partitions 37 is set to almost L1 ≥
λg/2, the microwave MW can easily propagate in the region
partitioned by the partitions 37.
(Spec. 14).

Claim 1 describes a radial antenna comprising a guide member
formed of first and second conductive plates that extend in the direction of
propagation of a microwave from the microwave entrance to the ring
member. The subject matter of claim 9 is directed to a radial antenna that
comprises a guide member. Claim 9 does not describe the structure of the
4
Appeal 2007-2150
Application 10/343,201

radial antenna. However, as stated above, the Specification 4 discloses the
radial antenna comprises a first conductive plate having a plurality of slots,
a second conductive plate having a microwave entrance and arranged to
oppose the first conductive plate, a ring member which connects peripheral
portions of the first and second conductive plates. The Specification
discloses that a guide member is arranged in a radial waveguide formed of
the first and second conductive plates to extend in a direction of
propagation of a microwave from the microwave entrance to the ring
member.
The Examiner asserts that Goto describes a plasma processing
apparatus comprising a radial antenna. The Examiner asserts that Goto
does not disclose a guide member arranged in the radial waveguide. The
Examiner asserts that Kakehi discloses a guide member arranged in a
radial waveguide. The Examiner concludes that it would have been
obvious to modify the apparatus of Goto to include the guide member of
Kakehi (Answer 4).
In contrast to the assertion in the Answer, Kakehi describes a plasma
generating apparatus comprising a waveguide for guiding microwaves in
the propagation direction from a microwave generator to a plasma-forming
region (col. 2, 7-11). Kakehi discloses the waveguides (mode restrictors)
are used to subdivide the waveguide section that extends parallel to the
microwave propagation direction (col. 2, 64-66). The Examiner has not
established that Kakehi (alone or in combination with Kawakami and/or
Goto) teaches or suggests a radial waveguide with a guide member
arranged in the radial waveguide so as to suppress standing wave
formation and/or formed from first and second conductive plates to extend
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Appeal 2007-2150
Application 10/343,201

in a direction of propagation of a microwave as required by the claims on
appeal. The Examiner has failed to estabilish how the cited references
teach or suggest a waveguide having the structured required by the
appealed claims.2
The Examiner has not adequately addressed the suitability of
modifying the cited prior art to achieve the claimed invention.
ORDER
The Examiner's decision rejecting claims 1-10 is reversed.
REVERSED

tf/ls

CROWELL & MORING LLP
INTELLECTUAL PROPERTY GROUP
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WASHINGTON, DC 20044-4300

2 The Kawakami reference was not cited for describing the waveguide
component.
6