Appeal No. 1999-2119
Application No. 08/815,410
the issue is whether the prior art includes a process capable of
manufacturing these onium salts regardless of whether such a
process is practical or impractical.
In the Watanabe declaration of record, executed November 25,
1997, a very small number of prior art processes were practiced
in an attempt to show that certain onium salts of the type under
consideration could not be practically produced and/or isolated.
Plainly, this declaration evidence falls far short of
establishing that the mono and di substituted onium salts
encompassed by the generic disclosure of Schwalm ‘265 were
impossible to manufacture with any of the processes known in the
prior art. For these reasons and those expressed in our1
decision on the related appeal, we are unpersuaded by the
argument under review.
The appellants also argue that the resist material of
Schwalm ‘265 includes disulfone compounds which are excluded by
the “consisting essentially of” language of the independent claim
on appeal. The examiner, on the other hand, does not consider2
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