Ex Parte Cantell et al - Page 1



        The opinion in support of the decision being entered today was not            
        written for publication and is not binding precedent of the Board.            
                                                               Paper No. 18           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                      Ex parte MARC W. CANTELL, WESLEY NATZLE,                        
                              and STEVEN M. RUEGSEGGER                                
                                     __________                                       
                                Appeal No. 2005-0293                                  
                             Application No. 09/727,139                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before GARRIS, OWENS, and DELMENDO, Administrative Patent                   
          Judges.                                                                     
          DELMENDO, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                  
          (2004) from the examiner’s final rejection of claims 1 through              
          13 and 16 through 22 (final Office action mailed Dec. 12, 2002,             
          paper 7), which are all of the claims pending in the above-                 
          identified application.                                                     
               The subject matter on appeal relates to a method of                    
          fabricating a line, i.e., “to building lines comprising the                 
          etching of hard masks to achieve greater sub-lithographic                   




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