Ex parte DOWNS - Page 7




          Appeal No. 95-3273                                                          
          Application 08/136,856                                                      

          B.  The rejections based on Rokurota                                        
                    Claims 1 and 2 stand rejected under 35 U.S.C.  102(b)            
          as anticipated by Rokurota and claims 3-11 stand rejected under             
           103 as unpatentable over that reference.  The examiner reads              
          claims 1-2 onto the reference as follows (Answer at 4):                     
                         Regarding claims 1-2, Rokurota discloses in                  
                    Fig. 3, a piezoelectric-film sound transducer                     
                    comprising: a thin film of piezoelectric material (38)            
                    having two opposite faces, two thin films (40, 42) of             
                    conductive material, thereby forming a piezoelectric              
                    sandwich element, a solid, flat, substantially                    
                    inflexible substrate (printed circuits formed on the              
                    substrate 34, see column 4, lines 11-12) laminated to             
                    the piezoelectric sandwich element along substantially            
                    the entire surface of the conductive layers, and two              
                    connecting conductors (60) connected to the two films             
                    for conducting an electrical signal between the                   
                    piezoelectric sandwich element and some external point.           
                    Appellant does not dispute that Rokurota's substrate 34           
          is substantially inflexible.  Instead, appellant argues (Reply              
          Brief at 3) that Rokurota's piezoelectric material 38 fails to              
          satisfy claim 1's requirement for a "thin film of piezoelectric             
          material," because the only piezoelectric material Rokurota                 
          discloses is a ceramic material (col. 3, line 68 to col. 4, line            
          2; col. 4, lines 49-52), in which notches 64 (Fig. 4E) may be cut           
          with a diamond saw (col. 5, lines 36-37).  According to                     
          appellant,                                                                  
                    [e]ssentially, a thin film element is, except for its             
                    electrical characteristics, about like any sheet of               


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