Ex parte BLACKWELL et al. - Page 5




          Appeal No. 1997-3314                                                        
          Application 08/266,783                                                      


          irradiation can occur at room temperature or at elevated                    
          substrate temperatures (col. 5, lines 18-19) and, therefore,                
          indicates that the simultaneous irradiation and metal                       
          deposition can take place at a temperature as low as room                   
          temperature.                                                                
               In view of the above-discussed prior art, we conclude                  
          that the invention recited in appellants’ claim 1 would have                
          been prima facie obvious to one of ordinary skill in the art                
          at the time of appellants’ invention.                                       
               Appellants argue that Sallo’s substrate naturally heats                
          up during the sputtering of the chromium onto the substrate                 
          because sputtering is a high energy process (brief, page 4).                
          This argument is not persuasive in view of the indication by                
          Clabes, as discussed above, that the sputtering can take place              
          at room temperature.  The evidence of record does not indicate              
          that the high energy of the chromium particles bombarding the               
          substrate would cause the substrate temperature to increase                 
          from room temperature to more than appellants’ upper                        
          temperature limit of about 60EC.  Appellants have provided                  
          mere attorney argument to that effect, and such argument                    


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