Ex parte DOWNS - Page 9




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

          same as 0.03 centimeters, these piezoelectric elements also fall            
          within the following definition of "film" in IEEE Standard                  
          Dictionary of Electrical and Electronics Terms 219 (1972 ed.):              
          "(1) (rotating machinery).  Sheeting having a nominal thickness             
          not greater than 0.030 centimeters and being substantially                  
          homogeneous in nature."  In holding that Rokurota's piezoelectric           
          ceramic element 38 is a "thin film of piezoelectric material," we           
          are mindful of our conclusion, supra, that the artisan would have           
          construed the phrase "substantially inflexible substrate" to mean           
          a substrate substantially incapable of vibrating in the manner of           
          a diaphragm.  This does not necessarily imply that the claimed              
          "thin film of piezoelectric material" would be capable of                   
          vibrating in the manner of a diaphragm if it were not laminated             
          to the substrate.                                                           
                   For the foregoing reasons, the rejection of claim 1 as            
          anticipated by Rokurota is affirmed.  The rejection of claim 2 as           
          anticipated by that reference is affirmed because it was not                
          separately argued.  In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d            
          1525, 1528 (Fed. Cir. 1987).                                                
                    Claims 3-11 stand rejected under  103 as unpatentable            
          over Rokurota.  Of these claims, only claim 3 is separately                 
          argued by appellant.  This claim requires that the piezoelectric            
          sandwich and substrate be sealed between two water resistant                

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