Ex parte JURSICH et al.

Board of Patent Appeals and Interferences

Jun 18, 1998

08114285 (B.P.A.I. Jun. 18, 1998)

Application for patent filed September 1, 1993. 1
According to the appellants, the application is a continuation
of Application 07/665,240, filed March 6, 1991, now abandoned.
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered
today (1) was not written for publication in a law
journal and (2) is not binding precedent of the
Board.
Paper No. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte GREGORY M. JURSICH and WILLIAM A. VON DRASEK
____________
Appeal No. 95-2231
Application No. 08/114,2851
____________
HEARD: June 9, 1998
____________
Before JOHN D. SMITH, WEIFFENBACH and PAK, Administrative
Patent Judges.
PAK, Administrative Patent Judge.
DECISION ON APPEAL
Jursich et al. (appellants) appeal from the examiner’s
final rejection of claims 16 through 19, 21 through 24, 31 and
32, which are all of the claims pending in the application.
Appeal No. 95-2231
Application No. 08/114,285
2
Claims 31 and 32 are illustrative of the subject matter
on appeal and read as follows:
31. A method of extending the continuous operating life
of an excimer laser containing a lasing gas or gas mixture
selected from the group consisting of XeF, KrF and ArF, by
removing an amount of CF impurity therefrom during operation4
of said excimer laser, which is sufficient to minimize loss of
laser power output and to extend the continuous operating life
of said excimer laser, which comprises:
a) introducing oxygen into said lasing gas or gas
mixture, and reacting said oxygen with said CF impurity which4
accumulates
in said lasing gas or gas mixture, said oxygen being
introduced
in an amount effective to produce one or more compounds which
are condensable with refrigeration means; and
b) condensing said one or more or more compounds
produced in step a) in cryogenic trap, with refrigeration
means and at a temperature sufficient to condense said one or
more compounds substantially without condensing said lasing
gas or gas mixture therewith, thereby removing said CF4
impurity from said lasing gas or gas mixture, thereby
extending the operating life of the excimer laser.
32. A method of extending the continuous operating life
of an excimer laser containing a lasing gas or gas mixture
selected from the group consisting of XeF, KrF and ArF, by
removing an amount of oxygen impurity therefrom during
operation of said excimer laser, which is sufficient to
minimize loss of laser power output and to extend the
continuous operating life of said excimer laser, which
comprises:
Appeal No. 95-2231
Application No. 08/114,285
3
a) introducing CF into said lasing gas or gas mixture4
and reacting said CF with said oxygen impurity which4
accumulates in said lasing gas or gas mixture, said CF being4
introduced in an amount effective to produce one or more
compounds which are condensable with refrigeration means; and
b) condensing said one or more compounds produced in
step a) in a cryogenic trap with refrigeration means and at a
temperature sufficient to condense said one or more compounds
substantially without condensing said lasing gas or gas
mixture therewith, thereby removing said oxygen impurity from
said lasing gas or gas mixture, thereby extending the
operating life of the excimer laser.
The references relied on by the examiner are:
Bedwell 5,090,020 Feb. 18,
1992
Reid et al., (Reid) “Excimer Lasers: Current Trends and Future
Directions,” SPIE O-E/LASE, pp. 1-8, January 1989,
(hereinafter referred to as “Reid”).
Claims 16 through 19, 21 through 24, 31 and 32 stand
rejected under 35 U.S.C. § 103 as unpatentable over Bedwell in
view of Reid.
We reverse.
The examiner acknowledges that:
The difference [sic, differences] between the
Bedwell reference and the claims are as follows: it
does not teach operating the cooling system while
the laser is on and does not discuss deliberate
introduction of [oxygen or CF impurity] materials4
into the system. See Answer at page 3.
Appeal No. 95-2231
Application No. 08/114,285
4
To remedy these deficiencies, the examiner relies on the
disclosure of Reid. Id. Reid, however, at least teaches away
from deliberate introduction of oxygen or CF impurity into4
the laser during its operation. Specifically, Reid states
that “[t]hose materials which produce harmful impurities when
placed in the laser vessel must be avoided.” See page 4. It
is apparent from this statement that Reid is interested in
removing, rather than adding, impurities. On this record, the
examiner has supplied no evidence suggesting the desirability
of introducing oxygen or CF impurity based on the particular4
impurities present in a laser system during its operation.
Thus, it cannot be said that the examiner has met the burden
of establishing a prima facie case of obviousness.
The decision of the examiner rejecting claims 16 through
19, 21 through 24, 31 and 32 is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
Appeal No. 95-2231
Application No. 08/114,285
5
) BOARD OF PATENT
CAMERON WEIFFENBACH ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
CHUNG K. PAK )
Administrative Patent Judge )
Appeal No. 95-2231
Application No. 08/114,285
6
OBOLN, SPIVAK, McCLELLAND, MAIER & NEUSTADT
4th Floor
1755 Jefferson Davis Hwy.
Arlington, VA 22202
Appeal No. 95-2231
Application No. 08/114,285
7
CKP/jrg
JENINE GILLIS
Appeal No. 95-2231
Serial No. 08/114,285
Judge PAK
Judge JOHN D. SMITH
Judge WEIFFENBACH
Received: 11 JUN 98
Typed: 13 JUN 98
Revision: 15 JUN 98
DECISION: REVERSED
Send Reference(s): Yes No
Panel Change: Yes No
3-Person Conf. Yes No
Heard: Yes No
Remanded: Yes No
Index Sheet-2901 Rejection(s): ___________
Acts 2: ____
Palm: ____
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