Ex parte TORIMITSU et al. - Page 8




          Appeal No. 95-3082                                                          
          Application No. 08/117,546                                                  


          5, lines 46-51).  Appellants disclose that “[a]lcohols,                     
          phenols, and primary or secondary amines used in the above                  
          reaction [with the quinonediazide sulfonyl halide] include                  
          those compounds” which are described by Kosai on pages 339-357              
          (specification, page 11, last paragraph).  Appellants also                  
          acknowledge that “commercial i-line photoresists use                        
          predominantly phenol esters” of the 4- and 5-isomers of 1,2-                
          naphthaquinone diazide (specification, page 2, emphasis                     
          added).  Therefore, for the foregoing reasons, we cannot agree              
          with the examiner that the term “esters” in claim 4 and in the              
          disclosure of Hosaka necessarily should be construed as                     
          substantially identical to the term “phenol esters” as recited              
          in the appealed claims.  From this record, we agree with                    
          appellants that a portion of the esters disclosed by Hosaka                 
          are not “phenol esters” within the common meaning of this                   
          term.                                                                       
               We agree with the examiner that the list of isomers of                 
          1,2-naphthaquinone diazide in claim 4 of Hosaka “is of a size               
          that a skilled artisan would readily envisage the instant                   




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