Ex Parte HOFMANN et al - Page 3




              Appeal No. 2003-0527                                                                  Page 3                 
              Application No. 09/036,291                                                                                   


                            measure the charge flowing to the materials, and                                               
                            disconnect the voltage source from the electrodes in response to                               
                     the measurement indicating that a predetermined amount of the charge                                  
                     has been transferred to the materials.                                                                
                     Claims 8 and 10 stand rejected under 35 U.S.C. § 102(b) as anticipated by U.S.                        
              Patent No. 5,368,673 ("Okuda") or, in the alternative, under 35 U.S.C. § 103(a) as                           
              obvious over Okuda.  Claim 9 stands rejected under § 103(a) as obvious over Okuda                            
              and either U.S. Patent No. 5,820,648 ("Akaike") or U.S. Patent No. 5,717,287                                 
              ("Amrine").  Claim 11 stands rejected under § 103(a) as obvious over Okuda and U.S.                          
              Patent No. 4,631,728 ("Simons").  Claim 12 stands rejected under § 103(a) as obvious                         
              over Okuda and U.S. Patent No. 5,357,421 ("Tautz").  Claims 13 and 14 stand rejected                         
              under § 103(a) as obvious over Okuda, Tautz, and Simons.  Claims 15, 16, 19, and 20                          
              stand rejected under § 103(a) as obvious over Okuda, Tautz, and either Akaike or                             
              Amrine.  Claims 17 and 18 stand rejected under § 103(a) as obvious over Okuda,                               
              Tautz, either Akaike or Amrine, and Simons.                                                                  


                                                        OPINION                                                            
                     Rather than reiterate the positions of the examiner or the appellants in toto, we                     
              focus on the point of contention therebetween.  The examiner asserts, "since rate is                         
              measured and a power profile over time established, an amount of charge would be                             
              predetermined because Okuda et al also establishes hold times for the application of                         








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