Ex Parte HAYASHI et al - Page 5




          Appeal No. 2000-1846                                                        
          Application No. 08/709,879                                                  


          and a compound which generates an acid upon being irradiated with           
          light.  We find no merit in appellants’ argument that the                   
          references are non-analogous because they address different                 
          problems, i.e., Murata improves process stability and Kihara                
          enhances alkali solubility.  In our view, the collective                    
          teachings of the references would have made it obvious for one of           
          ordinary skill in the art to use the particular alkali soluble              
          polymer of Kihara in the resist composition of Murata in order to           
          achieve greater alkali solubility.                                          
               Appellants rely upon the Hayashi Declaration of November 10,           
          1998 to support their arguments that the references are non-                
          analogous and, therefore, not combinable.  However, our review of           
          the Declaration finds that no scientific or technical reasons are           
          given to support a conclusion that one of ordinary skill in art,            
          in this case, one skilled in the art of formulating chemical                
          amplification resists, would have considered the alkali soluble             
          polymer of Kihara’s chemical amplification resist as incompatible           
          with, or unsuitable for, the chemical amplification resist of               
          Murata.  For example, the declarant provides no explanation why             
          the alkali soluble polymer of Kihara would not undergo the                  




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