Ex Parte Horak et al - Page 2



                Appeal 2007-0970                                                                             
                Application 10/732,580                                                                       

                      a stylus disposed above said first electrode, said stylus having a phase               
                change tip comprised of a phase change material;                                             
                      an apex of said phase change tip disposed on said first electrode; and                 
                      a second electrode in contact with said stylus.                                        
                      The Examiner relies upon the following references in the rejection of                  
                the appealed claims:                                                                         
                Hudgens US 6,507,061 B1 Jan. 14, 2003                                                        
                Lowrey US 6,908,812 B2 Jun. 21, 2005                                                         
                      Appellants’ claimed invention is directed to a storage device                          
                comprising a stylus having an apex that is disposed on a first electrode.  The               
                apex or tip of the stylus is formed of a phase change material.                              
                      Appealed claims 1-6, 10-14, 16-18, and 20 stand rejected under                         
                35 U.S.C. § 102(e) as being anticipated by Lowrey.  Claims 1, 7, and 13                      
                stand rejected under 35 U.S.C. § 102(e) as being anticipated by Hudgens.                     
                Claims 8 and 15 stand rejected under 35 U.S.C. § 103(a) as being                             
                unpatentable over Lowrey.                                                                    
                      With the exception of claim 12, Appellants do not present separate                     
                arguments for any particular claim on appeal.  Accordingly, with the                         
                exception of claim 12, the three groups of claims separately rejected by the                 
                Examiner stand or fall together.                                                             
                      We have thoroughly reviewed each of Appellants’ arguments for                          
                patentability.  However, we find that the Examiner’s rejections are well                     
                founded and supported by the prior art evidence relied upon.  Accordingly,                   


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