Appeal 2007-2417
Application 10/688,521
allows the photoresist “to retain the shape and integrity of its
patterned features.” (Verhaverbeke at 0047 and 0060).
16. Carbon dioxide is identified as a preferred supercritical fluid.
(Verhaverbeke at 0021).
III. Issue
Whether Meagley has shown that the Examiner’s rejection of claims
1, 3, and 6-12 under 35 U.S.C. §103(a) as being unpatentable over Hallock
in view of Verhaverbeke is in error based on an improper combination of the
teachings of the references?
IV. Legal Principles
“A patent may not be obtained though the invention is not identically
disclosed or described as set forth in section 102 of this title, if the
differences between the subject matter sought to be patented and the prior art
are such that the subject matter as a whole would have been obvious at the
time the invention was made to a person having ordinary skill in the art to
which said subject matter pertains.” 35 USC § 103(a).
In determining whether claimed subject matter would have been
obvious we take into consideration (1) the scope and content of the prior art,
(2) any differences between the claimed invention and the prior art, (3) the
level of skill in the art, and (4) any relevant objection evidence of
obviousness or non-obviousness. KSR Int’l Co. v. Teleflex, Inc., 127 S.Ct.
1727, 1730, 82 USPQ2d 1385, 1388 (2007), Graham v. John Deere Co. of
Kansas City, 383 U.S. 1, 17-18 (1966). The references of record may be
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