Ex Parte MERRITT et al - Page 2




          Appeal No. 2002-1144                                                        
          Application No. 09/422,633                                                  


          polymer, and a photoinitiator which generates a strong acid upon            
          radiolysis to remove the acid labile groups from the functional             
          groups in the polymer upon exposure to radiation, wherein said              
          acid labile groups inhibiting alkaline solubility represent about           
          15 to 50% of the total of (a) functional groups contributing to             
          alkaline solubility and (b) acid labile groups inhibiting                   
          alkaline solubility.                                                        
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Ito et al. (Ito)            4,491,628                Jan. 1, 1985           
          Hiroshi Ito (Ito (JPS)), "Solid-State Thermolysis of Poly(p-t-              
          Butoxylcarbonyl-oxystyrene)Catalyzed by Polymeric Phenol:  Effect           
          of Phase Separation," 24 Journal of Polymer Science:  Part A:               
          Polymer Chemistry Edition 2971-2980 (1986)                                  
               The present application is a continuation of U.S.                      
          Application No. 07/933,432, filed August 20, 1992.  An appeal was           
          taken in the parent application and in a decision dated                     
          October 31, 1996, the Board sustained the examiner's rejection              
          under 35 U.S.C. § 103 over the same prior art presently applied             
          by the examiner (Appeal No. 94-4423).                                       
               Appellants' claimed invention is directed to a positive                
          working resist composition comprising a polymer whose functional            
          groups are, in part, substituted with acid labile groups which              
          inhibit the alkaline solubility of the polymer.  Appealed claim 1           
          is narrower in scope than representative claim 1 of the prior               



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