Ex parte LEEDY - Page 11




          Appeal No. 1998-2422                                                        
          Application 08/488,380                                                      

          not allow for movement of the lithographic tool and the wafer               
          relative to one another (Br4).  It is argued that the                       
          semiconductor membrane technology of the present invention                  
          allows intimate contact under very light pressure (Br4-5).                  
          That is (RBr2):                                                             
               The present inventor pioneered and is alone in the                     
               inorganic dielectric membrane art.  The use of this                    
               membrane art in combination with the claimed                           
               electromagnetic sensing method to achieve lithographic                 
               alignment is necessarily novel.  The apparatus claims are              
               novel in the material that the apparatus is fabricated                 
               from (semiconductor membrane), it is novel in the intent               
               of the application (lithography), it is novel in the use               
               of sensing electronics integrated as part of the                       
               membrane, and it is novel in the way it achieves                       
               mechanical proximity to the surface of the substrate (low              
               stress flexible membrane).                                             
          It is argued, with respect to the method claims, that a                     
          membrane lithographic fabrication tool permits intimate                     
          contact to be achieved under very slight pressure (RBr2).  The              
          Examiner does not respond to these arguments about the novelty              
          of the membrane lithographic fabrication tool, but only                     
          addresses the obviousness of applying the alignment system of               
          Keogh to a conventional lithographic fabrication tool (EA4).                
               The argument that the combination of a novel material                  
          (semiconductor membrane) with the sensing method is novel is                
          persuasive.  The preamble of method claim 77 recites a                      
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