Ex parte AOUDE et al. - Page 9




          Appeal No. 1998-1374                                                        
          Application No. 08/466,562                                                  

          adhesion strength of the copper on the ceramic substrate,                   
          Nakatani discloses at column 4, lines 32 through 47 that:                   
               When the copper particles and the ceramic material                     
               are to be adhered through the heat treatment in a                      
               nitrogen gas atmosphere, the presence of CuO or Cu O                   
                                                                 2                    
               plays a great role on the adhesion. This is because                    
               the copper particles and the ceramic do not become                     
               wet in the nitrogen gas atmosphere and the adhesion                    
               reaction takes place between them only when CuO                        
               exists. For this reason, the conventional copper                       
               paste has adopted such a method that the copper                        
               particles have their surfaces partially oxidized, or                   
               CuO is added to the copper paste in advance, or the                    
               like. In this case, CuO or Cu O forms a CuAl O  layer2             24                         
               on an alumina substrate thereby to enhance the                         
               adhesion strength. Therefore, the use of CuAl O  as                    
                                                            2 4                       
               the additive makes it possible to provide an                           
               adequate effect on the adhesion properties when                        
               added in a small amount.  (underlining added).                         
          Thus, Nakatani is directed to pastes comprising copper                      
          particles.     Appellants' arguments concerning the amount of               
          copper aluminate added to the pastes of claims 2 through 7 and              
          10 are unpersuasive. As appellants acknowledge, Nakatani                    
          describes the use of from 0.5 to 20 weight percent copper                   
          aluminate, an amount which completely includes the amounts                  
          claimed in claims 2 through 7 and 10. While appellants argue                
          that they have demonstrated unexpected or surprising results                
          for grain size control and shrinkage at levels of addition of               
          less than 0.5 weight percent, the minimum amount disclosed by               

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