Ex Parte CRENSHAW et al - Page 9

          Appeal No. 2001-1384                                                        
          Application No. 08/726,229                                                  


          to this, both Ahn and Cathey deposit the colloidal mixture on the           
          first conductive layer (electrode) and any precipitation that               
          does occur occurs at a later time, after deposition (see, for               
          example, Ahn, column 4, lines 31-40).  The remaining applied                
          references are of no help in providing this deficiency of the               
          primary references.                                                         
               Accordingly, we find that the examiner has not established a           
          prima facie case of obviousness with regard to the instant                  
          claimed subject matter and we will not sustain the rejection of             
          claims 1-13 under 35 U.S.C. 103.                                            
               The examiner’s decision is reversed.                                   
                                      REVERSED                                        





                         ERROL A. KRASS                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS           ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         MAHSHID D. SAADAT             )                              

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