Ex parte TAKEUCHI et al. - Page 3




               Appeal No. 1997-0947                                                                                               
               Application 08/385,926                                                                                             


               (Brief, pages 3 and 11; and specification, page 31, Table 1).                                                      

                      For the reasons set forth in the Brief (pages 5 to 13), and as further discussed, infra, we find            

               that the applied references to Texaco, Hubbard, and Ravinet fail to teach or suggest, individually or in           

               any combination thereof, at least the features discussed above and defined in claims 1 to 7 of a                   

               substrate with integral convex diaphragm and a laminated P/E film unit formed on the convex                        

               diaphragm.                                                                                                         

                      Representative independent claim 1 is reproduced below:                                                     

                      1.  A piezoelectric/electrostrictive film element comprising:                                               

                      a ceramic substrate having at least one window, and a diaphragm portion formed as an integral               
               part thereof, for closing each of said at least one window, said diaphragm portion having a convex                 
               shape and protruding outwards, in a direction away from a corresponding one of said at least one                   
               window; and                                                                                                        

                      a film-like piezoelectric/electrostrictive unit including a lower electrode, a                              
               piezoelectric/electrostrictive layer and an upper electrode, which are formed in lamination in the order           
               of description on a convex outer surface of said diaphragm portion by a film-forming method, wherein               
               said convex shape of the diaphragm portion is provided in an unbiased state of the                                 
               piezoelectric/electrostrictive unit.                                                                               

                      The following references are relied on by the examiner:                                                     

               Ravinet et al. (Ravinet)              4,535,205                      Aug. 13, 1985                                 
               Hubbard                                       4,635,079                     Jan.    6, 1987                        
               Texaco et al. (Texaco)                5,210,455                      May 11, 1993                                  

                      Claims 1 to 7 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                        

               examiner relies upon Texaco in view of Hubbard.                                                                    

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