Ex Parte Cheng et al

Patent Trial and Appeal Board

Jun 9, 2016

13190226 (P.T.A.B. Jun. 9, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
13/190,226 07/25/2011
134131 7590 06/13/2016
SCULLY, SCOTT, MURPHY & PRESSER, P,C
400 Garden City Plaza, Suite 300
Garden city, NY 11530
Joy Cheng
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO.
YOR920070771 US2
(32781A)
CONFIRMATION NO.
1760
EXAMINER
HAMILTON, CYNTHIA
ART UNIT PAPER NUMBER
1722
NOTIFICATION DATE DELIVERY MODE
06/13/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
GLOBALFOUNDRIESPAIRENotify@ssmp.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JOY CHENG, DARIO L. GOLDFARB,
DAVID R. MEDEIROS, DIRK PFEIFFER, DANIEL P.
SANDERS, and LIBOR VYKLICKY
Appeal 2014-009131
Application 13/190,226
Technology Center 1700
Before TERRY J. OWENS, PETERF. KRATZ, and
JENNIFER R. GUPTA, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
The Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
rejection of claims 23, 24, 31 and 32. We have jurisdiction under
35 U.S.C. § 6(b).
The Invention
The Appellants claim a self-segregating polymeric composition.
Claim 23 is illustrative:
23. A self-segregating polymeric composition of matter
comprising a polymeric photoresist material and a polymeric
antireflective material, and optionally, a photoacid generator,
thermal acid generator, base quencher, or surfactant, wherein
Appeal 2014-009131
Application 13/190,226
said polymeric antiretlective material comprises a silicon
polymer:
with (Si01.5) a polysilsesquioxane polymer backbone, Ri and R2
independently a linear, branched, or cyclic alkylene group of 1
to about 10 carbons, A either hydrogen, methoxy-, ethoxy- or
other alkoxy-, halogen or an ester group, B hydroxy-, carboxy-
or a carboxamido- group and is independently located in the 2-,
3- or 4-positions of the benzene ring, C a nonaromatic moiety
compnsmg:
D
E
where D and E independently hydrogen, hydroxy-, acetoxy-
groups, alkylalkoxy- or alkylacetoxy- groups or D and E can
form a cyclic epoxide, the molar fractions x, y and z
independently represents a value from 0 to about 0.8 and the
sum of x, y and z equals 1.
The Rejections
The claims stand rejected as follows: claims 23, 24, 31 and 32 under
35 U.S.C. § 112, second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter which the
applicant regards as the invention, and claim 32 under 35 U.S.C. § 112,
fourth paragraph, as being of improper form for failing to further limit the
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Appeal 2014-009131
Application 13/190,226
subject matter of the claim upon which it depends, or for failing to include
all the limitations of the claim upon which it depends.
OPINION
We affirm the rejections.
The Appellants assert that the Examiner allowed claims in the parent
application having language identical to that in the presently rejected claims
and, therefore, cannot be heard to now say that this identical language does
not comply with 35 U.S.C. § 112 (App. Br.7-11; Reply Br. 2).
The Appellants do not challenge the merits of the Examiner's
rejections. Accordingly, we summarily affirm those rejections.
DECISION/ORDER
The rejections of claims 23, 24, 31 and 32 under 35 U.S.C. § 112,
second paragraph, and claim 32 under 35 U.S.C. § 112, fourth paragraph are
affirmed.
It is ordered that the Examiner's decision is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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