Appeal No. 1996-0200
Application 08/119,444
performing the recited functional limitations. RCA Corp. v. Applied Digital Data Systems,
Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984). Note also W.L.Gore &
Assoc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313
(Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984); and Kalman v. Kimberly Clark Corp.,
713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied,
465 U.S. 1026 (1984).
The PTO has the burden, via the examiner, to establish anticipation. See
In re Spada, 911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
Chen is directed to a process of increasing the crystalline oxide content, and thus
the capacitance of a barrier oxide layer of an aluminum electrolytic capacitor foil. The
process involves treating an etched aluminum foil in an aqueous electrolyte consisting
essentially of an unsubstituted aliphatic dicarboxylic acid to form a barrier layer oxide on
the foil, and thereafter stabilizing the barrier oxide layer by employing at least one
relaxation and reanodization step.
In our view the examiner has not sustained her burden in that she gave no weight to
the term “susceptor” as it would have been interpreted by one of skill in the art. While the
Chen process involves the formation an anodized layer on an aluminum substrate, the
substrate is, in fact, a foil which is used in the formation of a capacitor. The foil capacitor
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