Ex parte HICKERNELL - Page 10




          Appeal No. 1998-0437                                                        
          Application No. 08/603,523                                                  


               Appellant argues (Brief, page 12) that Satoh only teaches              
          a fixed number of reflective elements.  We agree.  As                       
          indicated supra, the products are still the same.                           
               Appellant also argues (Brief, page 12) that Satoh is                   
          silent with respect to the thickness of metallization.                      
          Appellant acknowledges (Brief, page 13) that Satoh discloses                
          material thickness.  Furthermore, the claimed invention does                
          not specifically claim thickness of metallization.  Therefore,              
          appellant’s argument concerning thickness is not persuasive.                
               We note that the coupling coefficient is the only                      
          variable term that must be supplied in appellant’s claims on                
          appeal.  Appellant’s coupling coefficient of the substrate                  
          material (Specification, pages 7 and 8) is “tabulated in a                  
          variety of textbooks related to piezoelectric materials.”                   
          Satoh discloses a coupling coefficient of a substrate material              
          and material thickness (column 14, lines 6-14).                             
               Appellant additionally argues (Brief, page 13) that Satoh              
          teaches away from the limitations of appellant’s claims.                    
          Specifically, appellant argues that Satoh teaches only a fixed              
          number of reflection elements.  The examiner responds (Answer,              
          page 6) that simply because the claims encompass a broader                  
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