Ex parte KURATA et al. - Page 2




          Appeal No. 95-3170                                                          
          Application No. 07/813,749                                                  


          photoresist having a non-linear optical property which                      
          increases with respect to increasing light intensity, and (b)               
          exposing the photoresist using a reduction optical system with              
          a mask.                                                                     
               In addition to the admitted state of the prior art found               
          in the present specification, the examiner relies upon the                  
          following reference as evidence of obviousness:                             
          Diemeer et al. (Diemeer)           5,142,605        Aug. 25, 1992           
                                                       (filed Sep. 7, 1989)           
               Appellants' claimed invention is directed to an exposed                
          photoresist formed by using a reduction optical system to                   
          expose a photoresist having a non-linear optical property                   
          which increases with respect to increasing light intensity.                 
          According to appellants, "the exposed photoresist according to              
          the present invention obtains a high resolution of from 0.25-               
          0.35 Fm, even in a resist having a thickness of approximately               
          1 Fm" (page 3 of principal Brief).                                          
               Appealed claims 2-16 stand rejected under 35 U.S.C.                    
          § 112, first paragraph, as being based upon a non-enabling                  
          disclosure.  In addition, the appealed claims stand rejected                
          under 35 U.S.C. § 103 as being unpatentable over Diemeer in                 
          view of the admitted prior art.                                             



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