Ex Parte Kubota et al - Page 3



          Appeal No. 2005-0488                                                        
          Application No. 09/851,274                                                  

          the ARGUMENT section of appellants' Brief discusses various                 
          claims on appeal, all the appealed claims stand or fall together            
          with claim 1, and we will limit our consideration to the                    
          examiner's rejection of claim 1.                                            
               We have thoroughly reviewed each of appellants' arguments              
          for patentability, as well as the specification evidence relied             
          upon in support thereof.  However, we are in complete agreement             
          with the examiner that the claimed subject matter would have been           
          obvious to one of ordinary skill in the art within the meaning of           
          § 103 in view of the applied prior art.  Accordingly, we will               
          sustain the examiner's rejection for the reasons set forth in the           
          Answer, which we incorporate herein, and we add the following               
          primarily for emphasis.                                                     
               There is no dispute that Kawabe, like appellants, discloses            
          a resist material comprising a surfactant having a fluorine                 
          substituent and provides the further teaching that "a non-ionic             
          surfactant can be further added for the purpose of improving the            
          applicability of each photosensitive resin composition of his               
          invention or improving developability" (page 3 of Answer, last              
          paragraph).  Also, as emphasized by the examiner, Kawabe                    
          specifically discloses examples of non-ionic surfactants which              
          have neither a fluorine nor a silicon-containing substituent,               

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