Interference No. 104,703
Page No. 11
higher resolutions can be attained using photoresist compositions comprising MA copolymers
compared to resists comprising AD polymers. (SX 1004, ¶59).
Kajita has also cited an article by Opitz et al., entitled “Polymer Platform Dependent
Characteristics of 193 nm Photoresists,” Proceedings of the SPIE Conference on Advances in
Resist Technology and Processing XVI, SPIE Vol. 3678, March 1999 (hereinafter “the Opitz
publication”). Kajita testifies that the Opitz article describes an MA polymer that displays a
relatively constant PAG concentration throughout the film thickness whereas the AD polymer
film is significantly more variable. According to the testimony of both Kajita and Sturtevant, a
more uniform thickness distribution of photo-acid generator in the photoresist film would allow
for the development of more uniform profiles resulting in substantial improvements in resolution
and imaging performance. (SX, 1004, ¶65; SX1005, ¶ 8).
Kajita further testified that MA copolymer based resists generally have superior resist
properties compared to both AD and ROMP polymer based resists. Indeed, Kajita cites a
photoresist evaluation conducted at his direction and/or under his control. Kajita states that this
evaluation demonstrated that improved resolution can be achieved using MA copolymer based
photoresists compared to alicyclic polymer based photoresists. (SX, 1004, ¶¶65-71).
Based upon the evidence presented, we conclude that Suwa has demonstrated that the
Count C MA polymers are a separate patentable invention from the Count A AD polymers as
well as separately patentable from the Count B ROMP polymers. Accordingly, we grant Suwa’s
request to substitute new Counts A, B and C for Count 1.
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