Ex Parte Buie et al - Page 3



          Appeal No. 2006-1320                                                        
          Application No. 10/024,958                                                  
               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning of           
          Section 103 in view of the applied prior art.  Accordingly, we              
          will sustain the examiner’s rejection for essentially those                 
          reasons expressed in the answer.                                            
               There is no dispute that Kornblit, like appellants,                    
          discloses a method of plasma etching a chromium layer that can be           
          used for reticles by utilizing a gaseous mixture of oxygen,                 
          chlorine and nitrogen.  As appreciated by the examiner, Kornblit            
          does not teach the use of the presently claimed carbon monoxide             
          in the gaseous etching mixture.  However, Kornblit expressly                
          teaches that other gases may be added to the etchant gas mixture            
          (column 4, lines 38 et seq.).  Meyer, on the other hand,                    
          discloses the plasma etching of a chromium photomask by using a             
          gaseous mixture of carbon monoxide and chlorine-containing gas,             
          with the carbon monoxide being a carrier gas.  Accordingly, we              
          find that it would have been obvious for one of ordinary skill in           
          the art to select carbon monoxide as one of the “other gases” of            
          Kornblit to serve as a carrier gas.  We note that Kornblit                  
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