Ex parte BALLARD et al. - Page 7




             Appeal No. 96-1313                                                                                   
             Application 08/202,536                                                                               


             use in applications where running of the solution is not a                                           
             problem, i.e., when the substrates are small enough to be                                            
             immersed in the solution and are movable such that immersion                                         
             in the solution is not possible.  Consequently, it would have                                        
             been prima facie obvious to one of ordinary skill in the art                                         
             to omit Morgan’s thickener along with its function when a                                            
             substrate is used which can be plated by immersing it in the                                         
             thickener-free solution.  See In re Wilson, 377 F.2d 1014,                                           
             1017, 153 USPQ 740, 742 (CCPA 1967); In re Larson, 340 F.2d                                          
             965, 969, 144 USPQ 347, 350 (CCPA 1965); In re Brown, 228 F.2d                                       
             247, 249, 108 USPQ 232, 234 (CCPA 1955).                                                             
                    Appellants point out that Morgan teaches that the bath                                        
             should contain sufficient reducing agent to reduce both ionic                                        
             species when two ionic species are used in combination, and                                          
             argues that this teaching indicates that the conditions in the                                       
             bath are such that the second ionic species does not function                                        
             as a mediator ion in relation to the first ionic species                                             
             (brief, pages 7-8).  This argument is not persuasive because                                         
             it is merely an unsupported argument by appellants’ counsel.                                         
             See In re De Blauwe, 736 F.2d 699, 705, 222 USPQ 191, 196                                            


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