Ex Parte MERRITT et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 17           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                     Ex parte DAVID P. MERRITT, WAYNE M. MOREAU                       
                                 and ROBERT L. WOOD                                   
                                                                                     
                                Appeal No. 2002-1144                                  
                             Application No. 09/422,633                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     

          Before KIMLIN, GARRIS and POTEATE, Administrative Patent Judges.            
          KIMLIN, Administrative Patent Judge.                                        



                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-11              
          and 23, all the claims remaining in the present application.                
          Claim 1 is illustrative:                                                    
          1.   An improved positive working resist composition comprising a           
          polymer having functional groups pendant thereto which contribute           
          to the solubility of the polymer in alkaline developers and a               
          portion of which functional groups are substituted with acid                
          labile groups which inhibit the alkaline solubility of the                  

                                         -1-                                          





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