Ex parte BAUM et al. - Page 3




          Appeal No. 96-0294                                                           
          Application No. 08/168,569                                                   
          6, 1987                                                                      
          Drozdowicz et al. (Drozdowicz)     4,778,693      Oct. 18,                   
          1988                                                                         
          Harriott et al. (Harriott)         5,273,849      Dec. 28,                   
          1993                                                                         
               Claims 1 through 9 stand rejected under 35 U.S.C. § 103                 
          as unpatentable from the disclosure of Drozdowicz.  Claims 1                 
          through 9 stand further rejected under 35 U.S.C. § 103 as                    
          being unpatentable from the disclosure of Harriott considered                
          with Kellogg.  Because we are of the opinion that the examiner               
          has failed to establish that the subject claimed by appellants               
          would have been prima facie obvious at the time appellants'                  
          invention was made, we shall reverse the examiner's rejection                
          for reasons set forth below.                                                 
                                       OPINION                                         
               We agree with the examiner's conclusion that the art on                 
          which he has relied to reject the appealed claims establishes                
          that at the time appellants' invention was made it was well-                 
          known in the art to repair defects in lithographic masks.  We                
          also agree with the examiner that the art relied on shows that               
          such repair is effected by laying down opaque solid materials                
          from gaseous precursors on lithographic masks.  However, in                  
          each of the references relied on by the examiner, the mask                   
          repaired included opaque patterns.  The masks were designed to               
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