Appeal 2007-0734
Application 09/908,455
process of Nebashi does not comprise a device that functions as a template
which expels gas from between the template and the substrate. Specifically,
the issue is: Does the patterned layer of material on a substrate produced by
the process of Nebashi comprise a material that is capable of functioning as
a template which expels gas from between the template and the substrate?
We answer this question in the affirmative.
The Examiner correctly finds that Nebashi describes a method of
forming a pattern layer on a substrate that provides the reduction of gas
disposed between a template and the substrate (Answer 5-6). The Examiner
correctly finds that the liquid droplets merge together to form a contiguous
layer while maintaining the template apart from the substrate (Answer 5-6).
The Examiner correctly finds that the ambient air is displaced when the
contiguous layer is formed using the template (Answer 6).
Appellants argue that Nebashi fails to teach or suggest the method by
which spaced-apart droplets are positioned on a substrate so as to expel gas
and/or minimize the trapping of the same (Br. 9). Appellants further argue
that Nebashi teaches away from positioning droplets in such a way, by virtue
of their positioning, that facilitate the removal of gas from between a
substrate and a template (Br. 9).
Appellants’ arguments are not persuasive. Appellants have not
disputed that Nebashi describes methods for forming liquids on a substrate
that include the use of a template. The claimed subject matter does not
distinguish the method of application of the liquid on a substrate as
described by Nebashi from the claimed invention. That is, the claimed
subject matter does not exclude the liquid from being applied to the substrate
through the template. There is no indication in Nebashi that air/gas is not
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