Appeal No. 94-1889
Application 07/890,003
apparent from the examiner=s argument why the applied references
would have motivated one of ordinary skill in the art to combine
their teachings such that a mask having phase-shifting material
on both sides of a substrate is produced.
We therefore conclude that the examiner has not carried his
burden of establishing a prima facie case of obviousness of
appellant=s claimed invention over Shigetomi and Okamoto.
Consequently, the rejection of claims 1-7 under 35 U.S.C. ' 103
over these references is reversed.
DECISION
The rejections of claims 1-7 under 35 U.S.C. ' 103 as being
unpatentable over Okamoto in view of Levenson and over Shigetomi
in view of Okamoto are reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHUNG K. PAK )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
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