Appeal No. 2000-1846
Application No. 08/709,879
the scope of the appealed claims. In re Kollman, 595 F.2d 48,
55, 201 USPQ 193, 198 (CCPA 1979). Moreover, appellants have not
established that the declaration results would be considered
truly unexpected by one of ordinary skill in the art, especially
in light of the fact that appellants’ specification acknowledges
that it was known in the art that
the resolution can be increased by adding to a
chemical amplification type resist composition any
of aniline-type, imidazole-type, pyridine-type, and
ammonia-type derivatives each of which acts as a base
with respect to the acid generated upon irradiation
of light (Jpn. Pat. Appln. KOKAI Publication No.
5-127369). (page 5 of specification, second
paragraph).
In re Merck & Co., 800 F.2d 1091, 1099, 231 USPQ 375, 381 (Fed.
Cir. 1986).
In conclusion, based on the foregoing, it is our judgment
that the evidence of obviousness presented by the examiner
outweighs the evidence of nonobviousness advanced by the
appellants. Accordingly, the examiner's decision rejecting the
appealed claims is affirmed.
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