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). 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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