Appeal No. 1998-1981
Application No. 08/695,899
respective details thereof.
OPINION
We will not sustain the rejection of claims 9 and 10
under 35 U.S.C. § 102, nor will we sustain the rejection of
claims 1 through 8 and 11 through 16 under 35 U.S.C. § 103.
It is axiomatic that anticipation of a claim under § 102
can be found only if the prior art reference discloses every
element of the claim. See In re King, 801 F.2d 1324, 1326,
231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann
Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d
1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).
On pages 23 and 24 of the brief, Appellant argues that
Tsuzuki fails to teach a volume current conveyance means and a
surface current conduction and strength means as recited in
Appellant's claim 9. In the Examiner's Answer, the Examiner
states that Tsuzuki discloses a volume current conveyance
means, coating (4), and a surface current conduction and
strength means layer (9).
further response by the Examiner is deemed necessary.
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