Ex Parte MERRITT et al - Page 7




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


          (JPS) at the time of filing the present application.  Moreover,             
          we find that Mertesdorf, rather than teaching away from partially           
          protected polymers, establishes that partially protected polymers           
          were conventional in the photoresist art, although having the               
          disadvantage of exhibiting relatively low thermal stability.  But           
          Mertesdorf also teaches that "[o]n the other hand, an increase in           
          protecting-group content is generally accompanied by a decrease             
          in the glass transition temperature Tg of the polymers and thus             
          in the flow resistance as well (dimensional stability of the                
          relief structures produced)" (column 2, lines 37-41).  Hence,               
          Mertesdorf teaches that there are advantages and disadvantages of           
          partially protected and fully protected polymers.  Indeed,                  
          Mertesdorf provides further evidence of the breadth of blocking             
          groups within the scope of the appealed claims.                             
               Appellants also maintain that Ito, "the author of the prior            
          art being applied against the present claims, attributes the                
          concept of partial protection to the present inventors'                     
          contemporaneous literature publication, not to Ito's own                    
          publication" (page 7 of Brief, second paragraph).  However, Ito             
          references an article by Woods, Lyons, Mueller and Conway,                  
          whereas the present inventors are Merritt, Moreau and Wood.  As             
          for appellants' citation of Przybilla, we agree with the examiner           

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