Appeal No. 1998-2422
Application 08/488,380
"membrane lithographic fabrication tool comprising a
low-stress deposited dielectric layer" and since the body of
the claims recites "providing a second conductive coil on a
surface of the tool," the preamble limitations about the tool
are incorporated into the body of the claim. Apparatus
claim 83 recites a "membrane comprising a low-stress deposited
dielectric layer." These membranes are argued to be novel and
the Examiner has not shown otherwise. Thus, even if the
alignment apparatus and method are known, the claimed subject
matter as a whole has not been shown to be nonobvious. Cf. In
re Ochiai, 71 F.3d 1565, 1569-70, 37 USPQ2d 1127, 1131 (Fed.
Cir. 1995) (use of a new starting material in an old process
is nonobvious). For this reason, the rejection of claims 77-
88 is reversed.
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