Ex parte NITTEL et al. - Page 5




          Appeal No. 1998-3059                                                        
          Application 08/554,288                                                      


          established that the solutions containing copper, nickel and                
          tin, upon which the calculations are based, cannot be used in               
          an electrolytic plating process.  Also, the examiner has not                
          established that Schwartz’s process involves displacing iron                
          by copper.  For these reasons and because Schwartz                          
          specifically states that he discloses electrolytes for                      
          immersion electrolytic plating, the preponderance of the                    
          evidence weighs in favor of a finding that Schwartz’s                       
          disclosure is directed toward electroplating rather than                    
          electroless plating.                                                        
               For the above reasons, we conclude that the examiner has               
          not carried the burden of establishing a prima facie case of                
          obviousness of the appellants’ claimed invention.                           
                                      DECISION                                        
               The rejection of claims 1-5 under 35 U.S.C. § 103 over                 
          the combined teachings of Knaster and Schwartz is reversed.                 
                                      REVERSED                                        






                         TERRY J. OWENS                )                              

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