Ex Parte SMITH JR. - Page 3



          Appeal No. 2001-1094                                                        
          Application 09/237,578                                                      


                                 REJECTIONS AT ISSUE                                  
               Claims 1-3, 5, 6, and 9-11 stand rejected under 35 U.S.C.              
          § 103(a) as being unpatentable over Flechsig in view of Horikawa.           
               Claim 4 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Flechsig and Horikawa as applied to the claims            
          above, and further in view of Zak.                                          
               Rather than repeat the arguments of Appellant or the                   
          Examiner, we make reference to the Brief1 and the Answer for the            
          respective details thereof.                                                 

                                       OPINION                                        
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejections and the arguments of Appellant            
          and Examiner, for the reasons stated infra, we will not sustain             
          the Examiner’s rejection of claims 1-6 and 9-11 under 35 U.S.C.             
          § 103.                                                                      
               Appellant points out that the Examiner maintains that                  
          Flechsig shows every limitation of claims 1, 9 and 11, with the             
          exception of locating the piezoelectric element on the side face            

               1 The Appellant filed an Appeal Brief on October 23, 2000,             
          Paper No. 16.  In response, the Examiner’s Answer, Paper No. 17,            
          was mailed on November 13, 2000.                                            
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