Ex parte MCCLELLAND - Page 4




          Appeal No. 95-3942                                                          
          Application No. 08/008,976                                                  


          a lithographic resist, as required by appealed claim 6.  While we           
          appreciate that the resist of McMillan may be incidentally                  
          exposed to some level of intensity of metastable atoms, as well             
          as ions and vacuum ultraviolet radiation, the examiner has not              
          established with factual evidence that the process of McMillan              
          inherently directs a beam of metastable atoms on the resist.                
               Based on the foregoing, the examiner's decision rejecting              
          the appealed claims is reversed.                                            
                                      REVERSED                                        


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         RICHARD E. SCHAFER            ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              











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