Appeal No. 2002-1144
Application No. 09/422,633
polymer compositions of Ito (JPS), partially substituted with
acid labile groups, would function effectively as a positive
working resist composition.
Appellants rely upon specification data, specifically,
Examples 2, 7 and 8, as evidence of nonobviousness. For the most
part the specification data demonstrates that a partially
protected polymer (one in which only a portion of the functional
groups is substituted with acid labile groups) performs better in
photoresist compositions than a polymer that is fully protected
with acid labile groups. We, however, agree with the examiner
that the data is non-probative of the nonobviousness of the
subject matter on appeal. In addition to appellants not
establishing that the specification data would have been
considered truly unexpected by one of ordinary skill in the art,
the data falls far short of being reasonably commensurate in
scope with the degree of protection sought by the appealed
claims. In re Grasselli, 713 F.2d 731, 743, 218 USPQ 769, 778
(Fed. Cir. 1983). As properly noted by the examiner, the
specification data is "limited to a resist composition comprising
tBOC styrene/hydroxystyrene and a triphenylsulfonium hexafluoro-
antimonate photoacid generator" (page 8 of Answer, second
paragraph). On the other hand, as documented by appellants' own
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