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 ) -4-Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007