Ex parte DOUGLAS - Page 5




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


               some cases the photoresist mask may be eliminated                      
               all together.  In this case the photo-stimulation                      
               may be applied as a patterned exposure, etching the                    
               CaF  surface only where the photo-energy is directed                   
                  2                                                                   
               and not etching the CaF  surface in the non-                           
                                      2                                               
               stimulated areas.                                                      
          See In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-51              
          (CCPA 1969) (during examination claims are to be given the                  
          broadest reasonable interpretation consistent with the                      
          specification).                                                             
               The examiner further maintains that performing the                     
          etching process of the "admitted prior art" in the ambient                  
          light of the laboratory is sufficient to anticipate or render               
          obvious the invention of claim 23.  However, according to the               
          method of claim 23, a CaF  surface, once contacted with water,              
                                   2                                                  
          is irradiated with visible and/or ultraviolet radiant energy                
          at an intensity sufficient to produce directional etching of                
          the surface.  The examiner has failed to explain how ambient                
          light in a laboratory would irradiate a CaF  surface during                 
                                                     2                                
          the etching process of the "admitted prior art" at an                       
          "intensity sufficient to produce directional etching of said                
          surface."                                                                   
               Furthermore, the fact that the use of a mask is well                   

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