Ex parte KIKUCHI et al. - Page 5




          Appeal No. 96-1837                                                          
          Application No. 08/083,372                                                  


          expansion coefficient as the adjacent members, the claims call              
          for the buffer member to have a thermal expansion coefficient               
          which is “substantially an intermediate value between thermal               
          expansion coefficients of the two members located on two sides of           
          the buffer member.”  Neither applied reference teaches or                   
          suggests the claimed “intermediate value” since the examiner                
          admits that Matsudaira lacks this teaching and it is clear that a           
          thermal expansion coefficient that is “similar,” as taught by               
          Rajac, is not a thermal expansion coefficient which is                      
          “intermediate,” as required.                                                
               We now turn to the rejection of the claims under 35 U.S.C.             
          103 over Ishikawa in view of Kobashi.                                       
               While we are of the view that the examiner makes a stronger            
          case for obviousness with these references, upon careful                    
          consideration of the applied references and the arguments of both           
          appellants and the examiner, we find ourselves in agreement with            
          the appellant.                                                              
               Kobashi clearly teaches the idea of using a buffer which has           
          a thermal expansion coefficient which is intermediate the thermal           
          expansion coefficients of two members located on the two sides of           
          the buffer and, thus, it appears tempting to want to apply this             
          teaching to Ishikawa which teaches a spacer between a hub and a             

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