Ex parte SUMMERFELT et al. - Page 3




                 Appeal No. 1997-2026                                                                                                                   
                 Application 08/317,108                                                                                                                 


                 Uchino, Kenji, “Electrodes for Piezoelectric Actuators [Atuden                                                                         
                 Akuchueita-yo Denkyoku]”, Bulletin of the Ceramic Society of                                                                           
                 Japan, Ceramics Japan, Vol. 21, No. 3, pages 229-236 (1986).                                                                           
                 (Uchino)       2                                                                                                                       

                          Claims 2 to 4, 10 to 15, 24, and 28 to 33  stand rejected                 3                                                   
                 under 35 U.S.C. § 112, first and second paragraphs, and also                                                                           
                 under 35 U.S.C. § 103.                                                                                                                 
                          Reference is made to Appellants’ brief and the Examiner's                                                                     
                 answer for their respective positions.                                                                                                 
                                                              OPINION                                                                                   
                          We have considered the record before us, and we will                                                                          
                 reverse the rejection of claims 2 to 4, 10 to 15, 24, and 28                                                                           
                 to 33 under 112 as well as the rejection under 35 U.S.C. §                                                                             
                 103.                                                                                                                                   
                          At the outset, we note that Appellants have elected to                                                                        
                 have all the claims on appeal to stand or fall together                                                                                

                          2We reference a translation by the Ralph McElroy                                                                              
                 Company, pages 1 to 21.  A copy is supplied with this                                                                                  
                 decision.                                                                                                                              
                          3Cover sheet for the final rejection lists claims 2 to                                                                        
                 4, 10 to 15, 24, and 28 to 33 as being under rejection,                                                                                
                 however, the body of the rejection leaves out claims 10, 11,                                                                           
                 and 31 to 33.  But, since Appellants elect to have all the                                                                             
                 claims on appeal stand or fall together, this discrepancy is                                                                           
                 not critical to our decision.                                                                                                          
                                                                         -3-                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007