Ex Parte LANG et al - Page 2


          Appeal No. 2003-1007                                                        
          Application No. 09/336,368                                                  

          claim 21, the only independent claim on appeal, reproduced below:           
                    21.  A process for depositing a copolymer                         
               material, comprising:                                                  
                    activating p-xylylene, or a derivative thereof,                   
               and a comonomer having at least two carbon-carbon                      
               double bonds and at least one Si-O bond, at a constant                 
               RF power level from about 10W to about 80W;                            
                    condensing the p-xylylene and the comonomer on a                  
               substrate; and                                                         
                    polymerizing a copolymer layer on the substrate,                  
               wherein the copolymer layer comprises at least 1% by                   
               weight of polymerized comonomer.                                       
               The examiner relies on the following prior art references as           
          evidence of unpatentability:                                                
          Spaulding                3,900,600           Aug. 19, 1975                  
          Lee et al.               6,051,321           Apr. 18, 2000                  
               (Lee)                         (filed Oct. 24, 1997)                    
          Gomi                     6,130,171           Oct. 10, 2000                  
                                             (filed Nov. 17, 1998)                    
               Claims 21, 22, and 24 through 26 on appeal stand rejected              
          under 35 U.S.C. § 112, second paragraph, as indefinite.                     
          (Examiner’s answer mailed Jan. 8, 2003, paper 17, pages 4-6.)               
          Also, claims 21 and 24 through 26 on appeal stand rejected under            
          35 U.S.C. § 103(a) as unpatentable over Lee in view of Spaulding            
          or Gomi.  (Id. at page 6.)  Further, claim 22 on appeal stands              
          rejected under 35 U.S.C. § 103(a) as unpatentable over Lee in               
          view of Gomi.  (Id.)                                                        


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