Appeal No. 1999-2119
Application No. 08/815,410
cannot be accepted as establishing that (1) these disulfones
would materially affect the basic and novel characteristics of
the here claimed resist materials and thus (2) are excluded by
the “consisting essentially of” claim language.
Finally, it is the appellants’ position that their
declaration evidence of record establishes that the here claimed
resist materials, by virtue of onium salts having only one or two
t-alkoxy substituted phenyl groups, exhibit unexpected results
compared to resist materials having tris substituted onium salts
of the type exemplified by Schwalm ‘265. Again, however, this
declaration evidence is extremely narrow in scope relative to the
scope of the independent claim on appeal. For example, the
inventive compositions in all of these declarations involve only
4-t-butoxyphenyl substituted onium salts. The appellants’
independent claim, however, undeniably encompasses an
exceptionally large number and variety of mono and di substituted
onium salts having only one or two t-alkoxy substituted phenyl
groups.
As explained in our decision on the related appeal, evidence
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