Ex parte DAO - Page 8




          Appeal No. 95-3017                                                          
          Application 07/952,061                                                      


          would be a total reduction of radiation incident there which                
          still would be consistent with the breadth of the language of “a            
          reduced portion of radiation incident thereon” of claim 1 on                
          appeal.  It would therefore still be relatively uniform since it            
          would be totally uniform underneath the pattern.                            
               Since there are no arguments presented in the brief and                
          reply brief as to the features of dependent claims 2 through 6 on           
          appeal, they fall with our consideration of independent claim 1             
          under 35 U.S.C. § 102.                                                      
               Turning to the rejection of claims 7 to 12 and 19 to 24 and            
          26 to 31 under 35 U.S.C. § 103 in light of the collective                   
          teachings of Pease in view of Smith, we affirm in part this                 
          rejection as to certain claims as set forth in accordance with              
          our analysis to follow.                                                     
               Initially, we conclude that Pease is properly combinable               
          with Smith under 35 U.S.C. § 103 at least for the reasons set               
          forth by the examiner at the sixth page of the answer, that                 
          reason essentially being that Smith teaches the desirability                
          of reducing edge blurring that results from the effects of                  
          diffraction, an obvious enhancement to the teachings in Pease.              




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