Appeal No. 1999-2119 Application No. 08/815,410 the issue is whether the prior art includes a process capable of manufacturing these onium salts regardless of whether such a process is practical or impractical. In the Watanabe declaration of record, executed November 25, 1997, a very small number of prior art processes were practiced in an attempt to show that certain onium salts of the type under consideration could not be practically produced and/or isolated. Plainly, this declaration evidence falls far short of establishing that the mono and di substituted onium salts encompassed by the generic disclosure of Schwalm ‘265 were impossible to manufacture with any of the processes known in the prior art. For these reasons and those expressed in our1 decision on the related appeal, we are unpersuaded by the argument under review. The appellants also argue that the resist material of Schwalm ‘265 includes disulfone compounds which are excluded by the “consisting essentially of” language of the independent claim on appeal. The examiner, on the other hand, does not consider2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007