Ex Parte Cheung et al - Page 5




          Appeal No. 2003-0636                                                        
          Application No. 09/599,125                                                  


          Accordingly, we concur with the examiner that it would have been            
          obvious for one of ordinary skill in the art to incorporate                 
          megasonic energy in the plating process of Lopatin in order to              
          achieve a highly uniform coating, while also reasonably expecting           
          that the megasonic energy would also provide additional cleaning            
          to the substrate.  We are not persuaded by appellants' argument             
          that "Reynolds teaches that megasonic energy is used in                     
          combination with other components to ensure uniform plating"                
          (page 4 of Reply Brief, second paragraph).  We find that one of             
          ordinary skill in the art would have reasonably expected that the           
          use of megasonic energy even without the rotary wiper of Reynolds           
          would provide an improvement in coating uniformity.  In any                 
          event, the claims on appeal, due to the "comprising" language, do           
          not preclude the use of Reynolds' rotary wiper in addition to               
          megasonic energy.                                                           
               As for the § 103 rejection based on the additional teaching            
          of Kobayashi, the reference provides the relevant teaching that             
          "[t]he typical process for preparing a nickel layer on the                  
          substrate is a process for spraying or coating a chemical nickel            
          plating solution . . ." (column 1, lines 63-65).  Accordingly,              
          there is factual basis for the examiner's conclusion that it was            
          obvious for one of ordinary skill in the art to apply a plating             

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