Ex parte FINLEY et al. - Page 4




              Appeal No. 96-0317                                                                                           
              Application 08/042,185                                                                                       


              appellants’ discussion of U.S. Patent No. 4,341,816 which, appellants state, discloses                       
              attachment of a sputtering target to a cooling plate by plasma spraying a metal adhesive                     
              layer onto a surface of the target, coating the adhesive layer with a solderable layer by                    
              plasma spraying, and soldering the solderable layer onto the surface of the cooling plate                    
              (specification, page 1).  The examiner also relies upon appellants’ statements                               
              (specification, page 1) that plasma spraying an aluminum layer onto a sputtering target                      
              was known in the art and that it was known in the art that silicon was difficult to wet with                 
              solder (answer, pages 4-5).                                                                                  
                     Appellants argue that Lauterbach et al. do not disclose depositing a solder layer                     
              onto a solderable layer by any method, much less by arc spraying (brief, pages 4-6).  In our                 
              view, the teaching that the solderable layer is soldered to the cooling plate would have                     
              fairly suggested, to one of ordinary skill in the art, use of solder to achieve the soldering.               
              We are not persuaded by the argument that the reference does not disclose applying a                         
              solder layer by arc spraying because such a layer is made of metal (specification, page 5),                  
              and both Lindmayer ‘391 (col. 2, lines 62-68) and Lindmayer ‘812 (col. 1, line 64 - col. 2,                  
              line 1) teach that it was known in the art to apply layers of metallic material by arc spraying.             
                     Appellants argue that there is no apparent incentive for one of ordinary skill in the                 
              art of bonding silicon-containing targets to metal to even consider the Lindmayer                            
              references which pertain to the solar cell art wherein arc spraying is disclosed as an                       


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