Ex parte DOUGLAS - Page 4




          Appeal No. 1997-1140                                                        
          Application No. 08/175,865                                                  


               presumably were not performed in total darkness.                       
               Appellant argues (Brief, p.5):                                         
                    Regarding the Examiner's contention that                          
               Appellant's claims do not require any specific light                   
               source, Appellant disagrees as claim 23 requires                       
               irradiating with "visible and/or ultraviolet energy                    
               sufficient to produce directional etching of said                      
               surface." . . .  More importantly, page 2 of the                       
               specification contains no teaching or suggestion of                    
               lighting conditions and any corresponding effect on                    
               CaF  water etching . . . .  Furthermore, neither of                    
                  2                                                                   
               the wet etch examples on page 2 provides directional                   
               etching . . . .                                                        
               The examiner fails to find appellant's arguments                       
          persuasive since, according to the examiner, the specification              
          fails to define "directional."  The examiner concludes that                 
          since all etching proceeds in at least one direction, it would              
          be considered to be directional.  See Answer, p.5.  Contrary                
          to the examiner's position, the Specification defines                       
          "directional" as follows (Specification, p. 9, lines 3-12):                 
                    It is important to note that the photo-                           
               stimulated etching of CaF  is a directional etch                       
                                        2                                             
               process.  Because the reaction is catalyzed to a                       
               large extent by photo-exposure, areas not exposed to                   
               photo-stimulation, such as those areas under a                         
               photoresist mask, will not etch.  This                                 
               directionality of etch is a major improvement over                     
               conventional wet etches which undercut the mask,                       
               making sharply delineated or very small structures                     
               difficult, if not impossible, to define.  Another                      
               benefit of the photo-stimulated etching is that in                     
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