Appeal No. 2002-1144
Application No. 09/422,633
that "it can not be assumed the prior art citations in Przybilla
include all that is known about partial protection of polyhydroxy
styrene in photoresists at the time of publication" (page 11 of
Answer, second paragraph). Also, Przybilla is not relevant to
the broad scope of the claimed compositions.
Regarding the commercial success argued by appellants,
appellants have proffered no objective evidence which establishes
the requisite nexus between the purported commercial success and
the wide variety of photoresist compositions within the scope of
appealed claim 1.
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 appellants.
Accordingly, the examiner's decision rejecting the appealed
claims is affirmed.
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