Ex Parte 5963329 et al - Page 1




                                      THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                               
                              The opinion in support of the decision entered today (1) was not written for                       
                              publication in a law journal and (2) is not binding precedent of the Board.                        
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                   __________________                                                            
                                      BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                  AND INTERFERENCES                                                              
                                                   __________________                                                            
                                              Ex parte EDWARD W. CONRAD                                                          
                                                    and DAVID P. PAUL                                                            
                                                                                                                                
                                                   Appeal No. 2006-0741                                                          
                                          Reexamination Control No. 90/006,185                                                   
                                                   Patent No. 5,963,3291                                                         
                                                                                                                                
                                                    HEARD April 5, 2006                                                          
                                                                                                                                
               Before MARTIN, LEE and MOORE, Administrative Patent Judges.                                                       
               LEE, Administrative Patent Judge.                                                                                 
                                                  DECISION ON APPEAL                                                             
                      This is a decision on appeal under 35 U.S.C. § 134 and § 306 from the                                      
               examiner’s rejection of the patentee’s claims 1-14 and 16-28 in the patent                                        
               reexamination proceeding.                                                                                         
                                         References relied on by the Examiner                                                    
               Raymond et al. (Raymond) “Metrology of subwavelength photoresist gratings using                                   
                                             optical scatterometry,” Journal of Vacuum Science &                                 
                                             Technology, B, Vol. 13, No. 4, July/August 1995, pp. 1484-                          
                                             1495                                                                                

                                                                                                                                
                      1 Issued October 5, 1999,  and based on application 08/961,929, filed October 31, 1997.                    
               Request for reexamination received January 10, 2002.  The real party in interest is Nanometrics Incorporated.     






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