Ex Parte Hart et al - Page 7


          Appeal No. 2004-0798                                                        
          Application No. 09/929,849                                                  

               The examiner’s position is not well taken.  Unlike Rogers,             
          Murthy teaches a process for making a polymeric nozzle plate for            
          an ink jet printer.  (Column 2, lines 19-32.)  Realizing that               
          Murthy’s process relates to the formation of a nozzle plate and             
          not a wafer (answer, page 9), the examiner falls back on                    
          Murthy’s disclosure at column 4, lines 1-5 (id. at page 4).  As             
          argued by the appellants (reply brief, pages 2-3), however,                 
          Murthy merely teaches photopatterning the photocurable epoxy                
          resin to form ink supply channels in the substrate of an ink jet            
          printhead.  Thus, the appellants are correct in asserting that              
          there is no motivation to combine Murthy with Rogers.  While                
          Murthy does teach that a thin layer of photocurable epoxy resin             
          enhances the adhesion between the nozzle plate and the substrate            
          in an ink jet printhead, the examiner does not explain why this             
          teaching is relevant to the types of methods described in                   
          Rogers, i.e. why the teaching would have led one of ordinary                
          skill in the art to modify Rogers’s method of forming conductive            
          vias on a substrate.                                                        
               Because all five rejections are based on the same                      
          problematic combination of Murthy and Rogers and none of the                
          other references cures this basic deficiency, we cannot affirm              
          any of the rejections.                                                      


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