Appeal 2006-2730
Application 10/415,631
materials and thickness of the polymer and the electrodes, and (2) the extent
of pre-straining of the polymer (Br. 6).
We will sustain the Examiner’s anticipation rejection of independent
claim 11. Although forming the waved area on the elastomeric body prior to
covering it with an electrode may produce a stress-free structure as
Appellants argue, the claim nevertheless is fully met by Pelrine’s pre-
strained polymeric body and electrodes formed thereon.
In fact, Pelrine expressly teaches forming the waved area prior to
covering the body with an electrode as claimed. Pelrine states that the
surfaces on the pre-strained polymer are textured (i.e., a waved surface is
formed) by either of two methods: (1) stretching and subsequently relaxing
the polymer to buckle the surface, or (2) reactive ion etching (Pelrine, col.
27, l. 60 – col. 28, l. 8).
Significantly, Pelrine further explains that “[o]ne or more electrodes
are then formed on the polymer….” (Pelrine, col. 28, l. 9; emphasis added).
That is, the electrodes are applied after texturing the surface of the polymer.
For example, a thin layer of gold may be sputter deposited on the textured
surface formed by etching to provide a textured electrode (Pelrine, col. 28,
ll. 9-12).
In short, Pelrine fully meets independent claim 11 including forming
the waved area prior to covering the body at least partially with an electrode
as claimed. Appellants’ arguments regarding producing a stress-free
structure with the claimed process are simply not commensurate with the
scope of the claim which does not preclude Pelrine’s pre-strained textured
polymer that is made by the claimed process.
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