Appeal No. 95-1750
Application No. 07/891,123
Guild discloses a method for developing a positive
photoresist with a developer solution comprising the here
claimed ingredients. However, patentee fails to disclose that
his photoresist possesses the here claimed unexposed portion
dissolution rate. With regard to this infirmity, the examiner
appears to have adopted two distinct positions.
First, the examiner seems to argue that the compositions
of the appellant's and Guild's photoresist may be the same and
accordingly that the here claimed dissolution rate will be an
inherent characteristic of patentee's photoresist. As
correctly indicated by the appellant, the dissolution rates of
patentee's control examples (e.g., see control 1, control 2
and control 14 in Tables II and III) are far above the maximum
dissolution rate defined by appealed claim 1. In light of
this circumstance, an inherency argument of the type under
consideration is unreasonable and therefore unpersuasive. Ex
parte Skinner, 2 USPQ2d 1788, 1789 (Bd. Pat. App. & Int.
1986).
Alternatively, it is the examiner's basic position that it
would have been obvious for one with ordinary skill in the art
to use Guild's developer composition for developing the types
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