Ex Parte MERRITT et al - Page 4




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


          obvious to one of ordinary skill in the art within the meaning of           
          35 U.S.C. § 103 in view of the applied prior art.  Accordingly,             
          we will sustain the examiner's rejection for essentially those              
          reasons expressed in the Answer.                                            
               As in the prior appeal, we find that the claimed positive              
          working resist composition would have been prima facie obvious to           
          one of ordinary skill in the art in view of the collective                  
          teachings of Ito and Ito (JPS).  While Ito fails to teach the               
          partial substitution of the functional groups of the polymer with           
          acid labile groups, there is no dispute that Ito (JPS) discloses            
          polymer compositions of the type claimed wherein a portion of the           
          functional groups are substituted with appellants' acid labile              
          groups, specifically, amounts of substitution which fall directly           
          within the claimed range of 15-50%.  In particular, Ito (JPS)               
          teaches that when the phenolic functionality of appellants'                 
          polymer is located in the vicinity of appellants' t-butoxy-                 
          carbonyl groups, the thermolysis of the polymer occurs facilely             
          at 130°C (see Synopsis at page 2971).  Since Ito (JPS) discloses            
          that such "acid-catalyzed thermolysis has been applied to the               
          design of very sensitive resist materials" (INTRODUCTION, page              
          2971), we are satisfied that one of ordinary skill in the art               
          would have had the requisite reasonable expectation that the                

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