Appeal No. 95-1545
Application 07/842,329
Zick teaches forming a mixture of Ag and AgCl particles
in a fusible glass frit, printing the mixture in a suitable
pattern on a non-conducting substrate, and firing the mixture
to form a Ag-AgCl layer on the substrate (col. 3, lines 43-
48). Cosentino discloses in Example 1 applying a mixture of 3
parts of Ag particles, 1 part of AgCl particles, and one-half
part aluminum oxide particles in an acrylic ester resin to the
ends of an unstripped polyvinyl chloride insulated tinned
copper wire to form a metal-metal salt electrode. Since Zick
and Cosentino disclose Ag and AgCl in particulate form in a
non-conductive matrix, it is the examiner’s reasoning that
[i]t would be obvious for Battaglia to adopt the
particle form because the particles wold [sic,
would] be firmly entrapped within the non-conductive
matrix and thus would be securely adhered to the
non-conductive substrate by way of the matrix. If
the Ag is a film on the matrix, the Ag film would
have an adhesion problem with the matrix, just as
the Ag film has an adhesion problem with the non-
conductive substrate in Battaglia. There would be
no improvement. [Answer, page 5].
The test of obviousness is not what Battaglia would adopt, but
what the combined teachings of the references would have
suggested to those of ordinary skill in the art. In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
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