Ex parte KURAKADO et al. - Page 5




          Appeal No. 95-4799                                                           
          Application 07/996,516                                                       

          rejection of claims 11 and 12 under 35 U.S.C. 102(b) in view of              
          Ishibashi.                                                                   
                    With regard to Irwin, the examiner points to the                   
          circuit layout of Irwin's Figure 1 for support of an anticipation            
          rejection against claims 11 and 12.  While it is clear that Irwin            
          is directed to a detector comprising four series-connected tunnel            
          junctions [see the left-hand column of the top page of the                   
          reference], it is not apparent to us that Irwin is directed to               
          "superconducting" tunnel junctions, as claimed, although                     
          appellants do not appear to argue this point.                                
                    More importantly, in our view, is the specifically                 
          recited relationship, in independent claims 11 and 16, between               
          the number of tunnel junctions, N, and values A, B, C and D,                 
          where A=3 and the other values depend on total area of the N                 
          superconducting tunnel junctions and capacitance per unit area of            
          the N superconducting tunnel junctions.  Claims 11 and 16 set                
          forth a specific relationship between these values and, in our               
          view, the examiner has never adequately addressed these claim                
          limitations.                                                                 
                    The examiner comes to grips with these relational claim            
          limitations, at pages 10-11 of the answer, by curtly dismissing              
          the claimed expressions as defining an integer greater than 3 and            


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