Appeal No. 1998-2422 Application 08/488,380 not allow for movement of the lithographic tool and the wafer relative to one another (Br4). It is argued that the semiconductor membrane technology of the present invention allows intimate contact under very light pressure (Br4-5). That is (RBr2): The present inventor pioneered and is alone in the inorganic dielectric membrane art. The use of this membrane art in combination with the claimed electromagnetic sensing method to achieve lithographic alignment is necessarily novel. The apparatus claims are novel in the material that the apparatus is fabricated from (semiconductor membrane), it is novel in the intent of the application (lithography), it is novel in the use of sensing electronics integrated as part of the membrane, and it is novel in the way it achieves mechanical proximity to the surface of the substrate (low stress flexible membrane). It is argued, with respect to the method claims, that a membrane lithographic fabrication tool permits intimate contact to be achieved under very slight pressure (RBr2). The Examiner does not respond to these arguments about the novelty of the membrane lithographic fabrication tool, but only addresses the obviousness of applying the alignment system of Keogh to a conventional lithographic fabrication tool (EA4). The argument that the combination of a novel material (semiconductor membrane) with the sensing method is novel is persuasive. The preamble of method claim 77 recites a - 11 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007