Ex Parte BOWEN et al - Page 8




               Appeal No. 1999-0734                                                                         Page 8                 
               Application No. 08/686,495                                                                                          


                       Group 2: Claim 15                                                                                           

                       Claim 15 requires an electrode layer on the base of the ceramic body.  The base must be                     

               interpreted in the context of claim 13 as being the bottom surface of the ceramic body.  The                        

               language “ceramic body comprising a top, four sides normal to said top, and a base                                  

               interconnecting said sides” defines the outer dimensions of the body.  We find no electrode on                      

               the bottom surface of Rutt’s ceramic body.  Therefore, Rutt’s structure is different from that of                   

               claim 15.  The Examiner has failed to establish a prima facie case of anticipation with regard to                   

               the subject matter of claim 15.                                                                                     

                       Group 3: Claims 16 and 17                                                                                   

                       Claim 16, the claim we select to decide the issues with respect to group 3, requires that                   

               the ceramic body have a serpentine cross-section.  We agree with the Examiner that Figure 1 of                      

               Rutt shows a serpentine cross-section (Answer at 4-5).                                                              

                       Appellants argue that the ceramic body is not serpentine in cross-section because granules                  

               remain after fugitive material is burned away (Brief at 8).  We cannot agree that these granules                    

               result in a non-serpentine cross-section.  When interpreting a claim, words of the claim are                        









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