Appeal 2007-0686
Reexamination Control 90/004,812
Application 09/810,650
other pending claim in this appeal, has been indicated as allowable.1 We
have jurisdiction under 35 U.S.C. § 6(b). We affirm.
Introduction
U.S. Patent 5,216,135 (the '135 patent) was issued to Urano et al. on
June 1, 1993, based on application 07/962,089, filed October 16, 1992,
which is said to be a continuation of application 07/646,909, filed
January 28, 1991. The '135 patent is assigned to Wako Pure Chemical
Industries, Ltd. (Wako) and is directed to compounds useful in
manufacturing semiconductor devices and claims certain diazodisulfone
compounds useful as photosensitive materials. A request for reexamination
by a third party was filed on October 23, 1997 and the reexamination
proceeding was assigned control number 90/004,812. Wako filed a reissue
application on March 15, 2001 which was assigned application number
09/810,650. The reexamination and reissue proceedings were merged on
November 7, 2001.
Appellants admit that reissue claims 8 and 10 are duplicates and
reissue claims 9 and 11 are duplicates (Appeal Br. 18, filed April 27, 2006)
and state that claims 10 and 11 "will be canceled when all claims are
allowed" (Appeal Br. 20). Thus, the claims on appeal recite diazodisulfone
compounds of the general formula
1 An amendment filed June 1, 2006 canceling reissue claims 12-35 was
entered by the Examiner July 5, 2006 (see Advisory Action mailed July 5,
2006). Thus, only reissue claims 7-11 are currently pending in this merged
reissue/reexamination proceeding.
2
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