Ex parte Ryzhikov

• Decision Date: 28 March 2017
• Docket Number: Appeal 2016-000051
• Parties: Ex Parte LEV RYZHIKOV Application 12/549, 158 Technology Center 2800
• Court: United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board

Ex Parte LEV RYZHIKOV Application 12/549, 158^[1] Technology Center 2800

Appeal 2016-000051

United States Patent and Trademark Office, Patent Trial and Appeal Board

March 28, 2017

FILING DATE: 08/27/2009

Before CATHERINE Q. TIMM, JEFFERY T. SMITH, and JEFFREY R. SNAY Administrative Patent Judges.

DECISION ON APPEAL

SMITH Administrative Patent Judge.

STATEMENT OF THE CASE

This is an appeal under 35U.S.C.§134 from a final rejection of claims 1-6, 10-15, 26, 27, and 29. We have jurisdiction under 35 U.S.C. §6.

Appellant's invention is generally directed to a semiconductor inspection system including an illumination system, a telescope system configured to receive the light from the illumination system and an objective lens system configured to receive light from the telescope system and transmit light at a given wavelength to a surface. Spec. ¶ 10. Claim 1 illustrates the subject matter on appeal and is reproduced from the Appeal Brief below:

1. A semiconductor inspection system, comprising:

an illumination system configured to condition light from a radiation source to provide light at a given wavelength;

a telescope system configured to receive the light from the illumination system; and an objective lens system configured to receive light from the telescope system and transmit light at the given wavelength to a surface,

wherein the telescope system comprises a moveable lens that has an absolute value of optical power in the range of approximately 0.002 to 0.01 to compensate for sphero-chromatic aberration while other parameters of the semiconductor inspection system remain unchanged, the sphero-chromatic aberration is caused when a nominal wavelength of the semiconductor inspection system is not equal to the given wavelength, such that sphero-chromatic aberration of the semiconductor inspection system meets a user-defined tolerance.

Appellant (see App. Br., generally) requests review of the following rejections from the Examiner's Final Office Action

I. Rejection of claims 1-6, 10-14, 26, 27, and 29 under 35 U.S.C. § 103(a) as unpatentable over Vaez-lravani (US 6 208, 411 B1 issued Mar. 27, 2001) ("Vaez-lravani") in view of Domenicali (US 2009/0096914 A1 published Apr. 16, 2009) ("Domenicali"), Hayamizu et al. (US 3, 576, 358 issued Apr. 27, 1971) ("Hayamizu"), and Zimmer et al. (US 2003/0210470 A1 published Nov. 13, 2003) ("Zimmer").

II. Rejection of claims 6 and 15 under 35 U.S.C. § 103(a) over Vaez-lravani in view of Domenicali, Hayamizu and Zimmer and further in view of Lange (US 2006/0219930 A1 published Oct. 5, 2006). ("Lange").

OPINION^[2]

Upon consideration of the evidence in this appeal record in light of the respective positions advanced by the Examiner and Appellant, we determine that Appellant has not identified reversible error in the Examiner's determination that the applied prior art would have rendered the subject matter recited in claims 1-6, 10-15, 26, 27, and 29 obvious to one of ordinary skill in the art within the meaning of35 U.S.C. § 103(a). Accordingly, we sustain the Examiner's § 103(a) rejections of the above claims for the reasons set forth in the Final Action and the Answer. We add the following.

The Examiner found Vaez-Iravani describes a semiconductor inspection system comprising an illumination system, a telescope system configured to receive the light from the illumination system; and an objective lens system wherein optics are relocated to compensate for aberration. Final Act. 3. The Examiner found Vaez-Iravani lacks an explicit description that the telescope system comprises a movable lens that has an absolute value of optical power in the range of approximately 0.002 to 0.01. Final Act. 4. The Examiner found Domenicali teaches a telescope comprising one or more lenses (or group of lenses) that are moved to compensate for sphero-chromatic aberration caused by changes in the wavelength of the radiation used for measurement while other parameters of the objective or measurement system remain unchanged. Final Act. 4. The Examiner found Hayamizu and Zimmer are evidence that it was known in the art that the magnification of a telescope can be varied with optical assemblies with different optical powers. Final Act. 4-5. The Examiner concluded it would have been obvious to one having ordinary skill in the art to provide a moveable lens in the system of Vacz-Iravani. The Examiner further concluded it would have been obvious to utilize a moveable lens having an absolute value of optical power (e.g., 0.002) in order to achieve a desired magnification. Final Act. 5.

Appellant argues Zimmer does not provide any movable lens that has an absolute value of optical power in the range of approximately 0.002 to 0.01, as recited in independent claim 1. App. Br. 6-8. Appellant also argues there is no teaching or suggestion that would motivate the ordinary artisan to optimize the focal length and/or optical power of Zimmer. App. Br. 11-12.

Appellant's arguments are not persuasive of reversible error. It is not disputed that Zimmer describes movable lenses that are adjusted to achieve a desired magnification. Rather Appellant limits the arguments to Zimmer's disclosure of the optical power of the movable lens. We agree with the Examiner that it was known in the art that the magnification of a telescope can be varied with optical assemblies with different optical powers (e.g., see Hayamizu cols. 2-3 and Zimmer ¶¶ 5-6). Ans. 5. The evidence cited by the Examiner establishes that a person of ordinary skill in the art would have recognized the relationship between magnification and optical zoom of lens. A person of ordinary skill in the art would have sufficient skill to select the lens having the appropriate power to achieve the magnification required by Zimmer. Moreover, Zimmer recognizes the relationship between the zoom and the correction of spherical aberrations and...