Ex parte BALLARD et al. - Page 26




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

                 electroless solution on a particular portion of the substrate                                                                          
                 are relevant concerns in this art area.  It is not clear on                                                                            
                 this record that if one were to eliminate the thickener from                                                                           
                 the viscous electroless plating solution of Morgan how stable                                                                          
                 and useful the remaining composition would be.  In other                                                                               
                 words, would a bath according to Morgan having the metal                                                                               
                 species and additives required by that reference be stable and                                                                         
                 applicable by immersion?  In my view, Morgan by itself does                                                                            
                 not permit one to reasonably answer such questions.  Absent a                                                                          
                 more fact-based explanation, I do not see that the majority                                                                            
                 has satisfied its initial burden of providing reasons of                                                                               
                 unpatentability.  In re Oetiker, supra.                                                                                                








                                            WILLIAM F. SMITH                                      )                                                     
                                            Administrative Patent Judge                           )        BOARD OF                                     
                 PATENT                                                                                                                                 
                                                                                                 )        APPEALS AND                                  
                                                                                                 )        INTERFERENCES                                
                                                                                                                                                       



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