Ex Parte Baluswamy - Page 3

               Appeal  2007-3372                                                                            
               Application 10/651,351                                                                       

               selecting a nonzero spherical aberration value using the equation:                           
                                                                                                           
                      where a is the nonzero spherical aberration value of the mask pattern                 
                      image, n is a refractive index of the photoresist, t is a thickness of                
                      photoresist, and s is a focal distance into the photoresist;                          
               introducing the nonzero spherical aberration value to the mask pattern                       
               image; and                                                                                   
               irradiating the photoresist with the mask pattern image including the nonzero                
               spherical aberration value.                                                                  

                      The Examiner relies on the following prior art references as evidence                 
               in rejecting the appealed claims:                                                            
               Takahashi   US 5,831,715   Nov. 3, 1998                                                      
               Yasuzato   US 5,935,738   Aug. 10, 1999                                                      
               Nozue   US 5,432,587   Jul. 11, 1995                                                         
                      Claims 1-4, 9-12, 14, 15, 19-22, 24, 25, 29, and 30 stand rejected                    
               under 35 U.S.C. § 103(a) as being unpatentable over Takahashi in view of                     
               Yasuzato.   Claims 6-8, 16-18, and 26-28 stand rejected under 35 U.S.C. §                    
               103(a) as being unpatentable over Takahashi in view of Yasuzato and                          
               Nozue.                                                                                       
                      We affirm the Examiner’s rejections.  Our reasoning follows.                          
                      Under 35 U.S.C. § 103, the factual inquiry into obviousness requires a                
               determination of:  (1) the scope and content of the prior art; (2) the                       
               differences between the claimed subject matter and the prior art; (3) the level              
               of ordinary skill in the art; and (4) secondary considerations.  See Graham v.               
               John Deere of Kansas City, 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                      

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