Ex Parte HONDA et al - Page 5




          Appeal No. 2001-2349                                                        
          Application No. 09/237,895                                                  


          properties as the claimed invention.  Consequently, we will not             
          sustain the rejection of claim 24 over Stimson.                             
               The examiner rejects claims 25 and 26 as being clearly                 
          anticipated by Nishio.  Again, the issue deals with the phrase              
          "consisting essentially of."  The examiner states (Answer,                  
          page 3-4) that Nishio's metallic layer 6 of borosilicate glass              
          including NiO constitutes an oxide layer having nickel as its               
          major elemental metal component.                                            
               Appellants respond (Brief, page 6) that Nishio's layer 6 has           
          40 to 90% by weight of glass and up to 30% by weight of an                  
          aggregate, leaving only 10 to 60% by weight of the semiconductive           
          oxide.  Appellants assert that the glass and aggregate in layer 6           
          would materially affect the basic and novel characteristics of              
          the claimed surface layer since Nishio's layer "would effectively           
          be an electrically conductive glass."                                       
               The claimed invention replaces the conventional conductive             
          glass with a layer that provides a good positive electrical                 
          connection while lengthening the resistor.  Nishio, on the other            
          hand, replaces the electrically conductive glass with the above-            















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