Ex Parte Tsutsumino - Page 6

               Appeal 2007-4313                                                                            
               Application 10/286,172                                                                      
               (Oesterle 4:24-35.)  Oesterle notes that it is well known in the art that                   
               cathodes work by attracting positively charged ions.  (Oesterle 5:5-29.)                    
                      Oesterle is in a very different field of invention (soil remediation) and            
               Oesterle's apparatus is not designed for small-piece electroplating.  Like                  
               Murata, however, Oesterle is addressing a problem in electrochemical                        
               deposition systems.  We find that one in the small-piece electroplating art                 
               would have considered a teaching regarding maximizing the space-                            
               efficiency of a cathode in a limited reaction area to be pertinent to the                   
               problems facing the small-piece electroplating art.                                         
                      Murata notes that Oesterle's grooves are vertical and thus different                 
               from Murata's claimed upper-surface recesses.                                               

                      The Lowenheim reference work                                                         
                      Lowenheim is a basic electrochemical reference work and the portion                  
               of record does not relate to any specific application.  Instead it is cited for its         
               explanation of Faraday's law in the context of electroplating.  Faraday's law               
               is relevant in this context because it shows that current is a result-effecting             
               variable in electroplating.  Essentially, increased current relates to increased            
               rate of electrochemical change.                                                             

                      The Jacobus patent                                                                   
                      We do not need to reach the Jacobus patent in our analysis because                   
               the broad principles for which it is cited are more clearly developed in the                
               Oesterle patent.                                                                            




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