Ex Parte FREERKS et al - Page 5




         Appeal No. 2003-0688                                                       
         Application No. 09/324,889                                                 


         examiner, we determine that the examiner's position is baseless.           
         We therefore reverse this rejection.                                       
         II.  The Art Rejections                                                    
         On pages 6 through 10 of the brief, appellants set forth                   
         their arguments regarding each of the art rejections.  Common to           
         each of the arguments for each rejection is that Kitayama does             
         not teach the claimed conductive contacts.  Kitayama is used in            
         each of the rejections for this teaching, and hence, we need only          
         focus on the issue of whether the applied prior art teaches the            
         claimed conductive contacts.                                               
         As an initial matter, we find that appellants define the                   
         word "conductive" in the specification on page 7, beginning at             
         line 9, as meaning "to include conductive bulk material or a               
         semi-conductive or non-conductive material which is rendered               
         conductive by a conductive coating or a conductive electrical              
         path formed therethrough or thereon."  On page 7 beginning at              
         line 16, the specification discloses                                       
              [m]aterials which can be used to advantage include, for               
              example, conductive materials such as aluminum,                       
              titanium, beryllium, stainless steel, and semi-                       
              conductive materials such as SiC, titanium-doped                      
              alumina, alumina-SiC composites, carbon-doped AIN, SiN,               
              BN, boron, and other wear resistant and/or conductive                 
              or semi-conductive materials.                                         
              Hence, the term "semi-conductive" is mutually exclusive of            
         the term "conductive".                                                     
              On pages 2 through 3 of the answer, the examiner asserts              
         that Kitayama's aluminum silicon carbide composite can be formed           
         so as to be electrically conductive because appellants'                    
         specification on page 7 discloses that the blade and contacts can          


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