Ex parte TAKEUCHI et al. - Page 5




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


               "forms a diaphragm" (Answer, page 4) (emphasis added).  The examiner further notes that "Ravinet                   

               shows (fig. 13) a convex (when undriven) piezoelectric disk (3) which forms a diaphragm (3)" (Answer,              

               page 5) (emphasis added).  The motivation for combining either of the secondary references with                    

               Texaco is the same, "in order to focus the generated energy" (Answer, page 4 and page 5).  We note                 

               that the examiner makes no arguments in response to the Brief (see Answer, page 6, section 13,                     

               Response to Argument) and relies solely on the statement of the rejection at pages 3 to 5 of the                   

               Answer.                                                                                                            

                      Independent claim 1 on appeal clearly calls for two distinct elements: (1) "a ceramic substrate             

               having at least one window, and a diaphragm portion formed as an integral part thereof, . . . , said               

               diaphragm portion having a convex shape;" and (2) a "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" (claim 1 on            

               appeal) (emphasis added).                                                                                          

                      Appellants argue that Hubbard and Ravinet have no actual diaphragm since these references                   

               have eliminated the diaphragm by forming the piezoelectric layer itself in a convex shape (Brief, pages            

               7, 8, and 13).  We agree.                                                                                          

                      Hubbard specifically states that a desired advantage of his invention "is that a diaphragm is no            

               longer required, thereby saving a considerable amount of time in manufacturing and expense."                       


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