Ex parte CAREY et al. - Page 3




          Appeal No. 1999-0715                                                        
          Application No. 08/486,173                                                  




               Appealed claims 1, 4-8 and 24 stand rejected under 35                  
          U.S.C. § 103 as being unpatentable over Arndt in view of the                
          acknowledged state of the prior art.                                        
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we will not sustain the examiner’s                     
          rejection.                                                                  
               The examiner is correct in finding that Arndt discloses                
          the interconnection of electrodes with a material comprising                
          silver and a synthetic resin (column 2, lines 12-13; column 4,              
          lines   6-14).  Arndt does not teach the presently claimed                  
          silver-silicone paste mixed with a hardening agent.  To remedy              
          this deficiency of Arndt, the examiner relies upon what he                  
          characterizes as the admitted prior art of appellants’                      
          specification, viz, “[t]he prior art admission (N.B. page 6                 
          lines 5-10 of appellants [sic, appellants’] specification)                  
          establishes that both the silicone plastic adhesive and                     
          hardening agent envisioned for use by appellants are KNOWN and              
          COMMERCIALLY AVAILABLE” (page 4 of answer, second paragraph).               
               The examiner’s reliance upon the alleged prior art                     

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