Ex parte SAUERBREY et al. - Page 5




          Appeal No. 1998-3000                                                        
          Application No. 08/485,412                                                  


          of Jensen.                                                                  
               Claims 11 and 16 stand rejected 35 U.S.C. § 103(a) as                  
          being unpatentable over Schoch, Tanaka, Herndon and Jensen in               
          further view of Mihara.                                                     
               Reference is made to the brief and the answer for the                  
          respective positions of the appellants and the examiner.                    
                                       OPINION                                        
               The obviousness rejection of claims 2 through 18, 20                   
          through 22, 24 through 29, 51, 55 through 58, 70, 73, 74, 76,               
          101 through 103 and 112 through 120 is reversed.                            
               According to the examiner (Answer, page 5), “Schoch                    
          teaches several polymers and explicitly uses ion irradiation                
          in the processing steps,” and “Tanaka, in column 1 lists                    
          polymers and defines ‘radiation sensitive’ to mean ‘all high-               
          energy radiations including ultraviolet light, deep-                        
          ultraviolet light, electron beams and X-rays.’”  The examiner               
          concludes (Answer, page 5) that:                                            
               Therefore the polymers of Schoch are considered                        
               radiation sensitive both in the broad sense and also                   
               by the definition as used by Tanaka.  For these                        
               reasons, the claims are considered obvious either                      
               over Schoch taken alone, or further considering                        
               Tanaka’s definition of “radiation sensitive”.                          

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