Appeal No. 96-0472
Application 07/871,032
this system in Ueno et al., without more, would have reasonably suggested to one of ordinary skill in
this art that the larger sulfonic acids derived from the aryl ester derivatives are ineffective in a positive
resist system. Thus, based on this record, we are constrained to conclude that one of ordinary skill in
this art would not find in the negative teaching of ineffectiveness of arylsulfonic acid in a positive resist
system in Ueno et al. (article) any suggestion to use the same arylsulfonic acids in place of smaller
sulfonic acids in a negative resist system of Ueno et al. (>582 or >813) with a reasonable expectation
of success. Compare In re Gurley, 27 F.3d 551, 552-53, 31 USPQ2d 1130, 1131-32 (Fed. Cir.
1994). Accordingly, because the examiner has not made out a prima facie case of obviousness in any
of the grounds of rejection on appeal, we reverse all of the grounds of rejection.
The examiner=s decision is reversed.
Reversed
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CHUNG K. PAK ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CHARLES F. WARREN )
Administrative Patent Judge )
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