Appeal No. 95-1326
Application 08/078,808
silane. Claim 1, the only independent claim, is illustrative of
the appealed claims and reads as follows:
1. A process for generating a positive tone resist
image in a film of poly(C -C alkylphenyl) silane comprising the
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steps of (a) forming a film of poly(C -C alkylphenyl) silane;
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(b) imagewise exposing the film to radiation at a wavelength of
about 200-500 nm. and (c) developing the image.
Claims 1-6 stand rejected under 35 USC § 103 over seven
references listed in the answer and in the brief. We reverse.
Appellants admit that the prior art discloses polysilanes
for use as a photoresist and teaches (methyl phenyl) silane as
the closest prior art compound for use as a photoresist. On page
5 of the brief, appellants concede that the examiner has
established a prima facie case of obviousness in view of the
prior art references. However, appellants urge that they have
submitted experimental comparative data which demonstrates that
the claimed process possesses an unexpected degree of
effectiveness compared to the closest compound disclosed by the
prior art. It is appellant's position that the comparative data
is sufficient to rebut the prima facie case of obviousness. We
agree.
The examiner acknowledges on page 7 of the answer that the
evidence "shows an unexpected result for the polymers of the
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