Ex Parte SUGIYAMA et al - Page 3




                Appeal No. 2002-1284                                                                                    3                  
                Application No. 09/098,730                                                                                                 





                                                         THE REJECTIONS                                                                    
                Claims 1, 2, 4, 6, 7, 10, 11, and 18 through 22 stand rejected under 35 U.S.C.                                             
                §103(a) as being unpatentable over Mase in view of Suzuki.                                                                 
                                                            OPINION                                                                        

                We have carefully considered all of the arguments advanced by the appellants and                                           
                the examiner and agree with the examiner that the rejection of the claims under §103(a) is                                 
                well founded.  Accordingly, we affirm the rejection.                                                                       
                As an initial matter, it is the appellants’ position that, “[a]ll claims stand or fall                                     
                together.”  See Brief, page 4.  Accordingly, we select claim 1, a broad generic claim as                                   
                representative of the claimed subject matter and limit our consideration thereto.  See 37                                  
                CFR §1.192(c)(7) (2001).                                                                                                   
                The Rejection under § 103(a)                                                                                               
                It is the appellants’ position that, “the combination of Mase and Suzuki does not                                          
                appear to yield the claimed invention.”  See Brief, page 6.  We disagree.                                                  
                We find that Mase is directed to an oxygen sensor utilized to determine the                                                
                concentration of an exhaust gas from internal combustion engines of automobiles.  See                                      
                Mase, column 1, lines 14-18.  We find that Mase teaches layers corresponding to the                                        
                claimed boundary layers which are preferably ceramic layers of alumina or spinel which is                                  






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