Appeal No. 1998-2147
Application No. 08/247,356
description must clearly allow persons of ordinary skill in the art to recognize that the
applicants invented what is claimed. In re Gosteli, 872 F.2d 1008, 1012, 10 USPQ2d
1614, 1618 (Fed. Cir. 1989).
Appellants appear to rely on an implicit disclosure that one skilled in the
relevant art would recognize that the applicants had possession of a chemical
amplification photosensitive composition, comprising a polyvinylphenol resin having a
softening point of at least 150oC and a weight average molecular weight which exceeds
8,000 only when specific conditions have been met. On page 19 of their principal
brief, Appellants direct us to the specification which provides the following
description:
If the alkali-soluble resin has an average molecular weight of less than
3000, it dissolves with an alkaline solution to excess in some cases. If it
has an average molecular weight of more than 8000, the polymer chains
of the resin may, in some cases, be crosslinked when the composition
containing the resin is exposed to an ionizing radiation and then baked.
In this case, the composition has an insufficient photosensitivity and
cannot form a resist pattern which has sufficient resolution.
[page 19, lines 11-20.]
Appellants also assert all one has to do is consult Table 6 of the specification to
arrive at an understanding meaning of “sufficient photosensitivity” and “sufficient
resolution.” (Reply Brief, page 2, lines 13-16). Specifically, Appellants state:
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