Ex Parte DONOHOE et al - Page 1




                  The opinion in support of the decision being entered                                 
                  today was not written for publication in a law journal                               
                  and is not binding precedent of the Board.                                           
                                                                           Paper No. 27                


                          UNITED STATES PATENT AND TRADEMARK OFFICE                                    
                                                                                                      
                              BEFORE THE BOARD OF PATENT APPEALS                                       
                                         AND INTERFERENCES                                             
                                                                                                      
                        Ex parte KEVIN G. DONOHOE, MIRZAFER ABATCHEV                                   
                                        and ROBERT VELTROP                                             
                                                                                                      
                                       Appeal No. 2003-0642                                            
                                   Application No. 09/382,584                                          
                                                                                                      
                                     HEARD:  August 21, 2003                                           
                                                                                                      
            Before KIMLIN, JEFFREY T. SMITH and POTEATE, Administrative                                
            Patent Judges.                                                                             
            KIMLIN, Administrative Patent Judge.                                                       


                                        DECISION ON APPEAL                                             
                  This is an appeal from the final rejection of claims 1-35,                           
            75 and 76.  Claims 64-74, the other claims remaining in the                                
            present application, stand withdrawn from consideration.  Claim 1                          
            is illustrative:                                                                           
                  1.  A method for selectively etching an opening in a layer                           
            of material over a substrate, said method comprising:                                      
                  defining an etching pattern on said layer of material;                               

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