Ex Parte SHRIER et al - Page 19




                 Appeal No. 2002-0510                                                                                 Page 19                     
                 Application No. 09/139,309                                                                                                       


                 electrical impedance values in response to an excessive or overstress voltage                                                    
                 pulse, thereby shunting the excessive voltage or overstress pulse to ground."  Col. 1,                                           
                 ll. 17-25.  The reference's composition comprises a binder having dispersed therein at                                           
                 least 55% by volume of conductive or semiconductive particles.  More specifically, "[i]n                                         
                 the practice of [Hyatt's] invention, the key electrical ingredient of the composite is a                                         
                 mixture of conductor/semiconductor particles, constituting from about 55 to about 80%,                                           
                 and preferably from about 60 to about 70%, by volume of the composite."  Col. 5, ll. 20-                                         
                 24.                                                                                                                              


                         We find that when the composition of Hyatt was used in the device of Slepian,                                            
                 the combination would have featured at least three layers, wherein each layer would                                              
                 have featured a percentage loading of at least about 55% by volume of conductive or                                              
                 semiconductive particles.  Such a loading would have satisfied the requirement that a                                            
                 first and third layer feature a percentage loading of at least about 20% by volume of                                            
                 conductive or semiconductive particles and that a second layer features a percentage                                             
                 loading of at least about 40% by volume of conductive or semiconductive particles.                                               
                 Therefore, we affirm the obviousness rejection of claim 11 and of claims 12-16, which                                            
                 fall therewith, over Slepian and Hyatt.                                                                                          


                               Obviousness Rejection of Claims 11-20 over Downing and Hyatt                                                       








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