Ex parte KAERIYAMA - Page 4




          Appeal No. 1997-1427                                                        
          Application No. 08/483,777                                                  

          (Figures 1 and 2) disclosed by Webb.  On the other hand, the                
          second embodiment (Figure 3c) clearly shows a pad film 26 on                
          the landing electrodes 14 and on the address electrodes 16.                 
          Webb indicates that “FIG. 3C has protective layer 26 on both                
          the landing electrodes 14 and address electrode 16" (column 5,              
          lines 52 and 53).  Thus, pad film 26 in the second embodiment               
          (Figure 3c) “acts as an insulator between said surfaces having              
          said first bias [address electrodes 16] and said surfaces                   
          having said second bias" [landing electrodes 14 and                         
          deflectable beam 20].                                                       
               The examiner cited Hornbeck for a teaching of a multi-                 
          level deformable mirror device (Figure 7) that is formed via                
          steps comprising building a spacer layer, and depositing a                  
          second metal layer upon the first metal layer to form mirrors               
          and hinges as claimed (Answer, pages 4 and 5).  Appellant                   
          argues (Brief, page 4) that “[t]he Hornbeck reference does not              
          overcome the deficiencies of the Webb reference in the                      
          combination rejection.”  Such an argument is not a challenge                
          to the propriety of combining the teachings of Hornbeck and                 
          Webb.                                                                       



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