Ex parte GEISS et al. - Page 5




          Appeal No. 1999-0875                                                        
          Application No. 08/467,353                                                  


          to reduce dependence upon tantalum.  A film of titanium                     
          hydride and aluminum is heat treated to produce                             
          dehydrogenation in the process of forming the porous body.                  
                         The Rejection under 35 U.S.C. § 103                          
          The examiner’s position is that “It would have been                         
          obvious to one of ordinary skill in the art to replace the                  
          solid capacitor element of Nakata with the element of Kubo to               
          diminish the dependence on tantalum.”                                       
          After consideration of the positions and arguments                          
          presented by both the examiner and the appellants, we have                  
          concluded that the rejection should not be sustained.                       
          It is considered that means for altering stresses in a                      
          body of solid material is not taught by the combined teachings              
          of the references.  Kubo teaches making a porous body for a                 
          solid electrolytic capacitor.  The process involves a                       
          dehydrogenation process, which results in a size reduction of               
          the body produced.  After Kubo’s porous body is made, it is                 
          the examiner’s position that it would have been obvious to                  
          insert it as a capacitor in cavity 11 (Fig. 5c) of Nakata and               
          enclose it in the housing or body comprising resin pieces 7,                
          15.  Although we agree with the examiner that it would have                 
                                          5–                                          





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