Ex parte FINLEY et al. - Page 7




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


              applying the metal layers in the Lauterbach method.  Also, the statement by Lindmayer                        
              ‘812 that the terms arc spraying and plasma spraying are used synonymously by                                
              Lindmayer ‘812 in the context of spraying metallic material onto the surface of a solar cell                 
              (col. 1, line 64 - col. 2, line 3) would have fairly suggested, to one of ordinary skill in the art,         
              that these are alternative methods for applying metal layers to silicon-containing surfaces.                 
                     One of ordinary skill in the art may have expected each of arc spraying and plasma                    
              spraying to have advantages and disadvantages relative to the other and therefore                            
              expected one to be more advantageous in a particular application than the other.                             
              However, the teachings in the Lindmayer references discussed above, in our view, would                       
              have been sufficient to motivate one of ordinary skill in the art to use either plasma                       
              spraying or arc spraying to apply the metal layers in the Lauterbach method, and would                       
              have provided such a person with a reasonable expectation of success in doing so.  Thus,                     
              we conclude that use of arc spraying to apply the metal layers in the Lauterbach method                      

              would have been prima facie obvious to one of ordinary skill in the art.  See In re Vaeck,                   

              947 F.2d 488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991); In re O’Farrell, 853 F.2d                          

              894, 902, 7 USPQ2d 1673, 1680 (Fed. Cir. 1988); In re Longi, 759 F.2d 887, 892-93,                           

              225 USPQ 645, 648 (Fed. Cir. 1985).                                                                          
                     Appellants argue that Ballard does not appear to suggest any method for preparing                     
              silicon surfaces for metallization (brief, page 7).  Ballard discloses a known method for                    


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