Appeal No. 96-1313
Application 08/202,536
essential for maintaining bath stability but, rather, merely
assert in their specification (page 11, lines 29-32) that if
the ingredients are not added in the stated order, instability
is “likely”, we are not convinced that one must combine the
ingredients of Morgan’s bath according to the sequence set
forth in appellants’ specification in order for the bath to be
stable.
Appellants argue that Morgan would not have led one of
ordinary skill in the art to combine the bath ingredients in
an order such that one of the ionic species acts as a mediator
for another ionic species (brief, page 8). Appellants’
specification indicates (page 4, lines 27-33) that homogeneous
reaction is avoided, and heterogeneous reaction at the
substrate surface is permitted, by using a complexing agent
for the metal ions. Because Morgan uses a complexing agent
for the ionic depositable species (col. 3, line 62 - col. 4,
line 9), it reasonably appears that Morgan’s reaction takes
place on the substrate surface. For this reason and because
appellants believe that the mediator ions produce their effect
on the substrate surface (specification, page 6, line 29 -
page 7, line 7), it reasonably appears that one of Morgan’s
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