Appeal No. 2000-1257
Application 08/861,350
information layer of the stack is less than or equal to a value
2d defined by
___________34n38/r
2d = (n2-1)(NA)4
in which n is the refractive index if the space layers, 8 is the
vacuum wavelength of the focused radiation beam, NA is the
numerical aperture of the focused radiation beam and r is the
maximally permissible decrease of the Strehl intensity due to
spherical aberration.
The following reference is relied on by the examiner:
Nishiuchi et al. (Nishiuchi) 5,097,464 Mar. 17, 1992
(filing date July 24, 1990)
The following issues remain for our consideration on appeal
from those set forth originally in the final rejection. Claims
11-14 and 17-23 stand rejected under the second paragraph of
35 U.S.C. § 112 as being indefinite. These same claims stand
rejected under 35 U.S.C. § 102(e) as being anticipated by
Nishiuchi.
Rather than repeat the positions of the appellants and the
examiner, reference is made to the brief and the answer for the
respective details thereof.
OPINION
Turning first to the rejection of claims 11-14 and 17-23
under the second paragraph of 35 U.S.C. § 112, it is to be noted
that to comply with the requirements of the cited paragraph, a
2
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