Ex parte VAN DEN BROEK et al. - Page 9

          Appeal No. 1997-4442                                                         
          Application 08/353,040                                                       

          Examiner erred.  Thus, we conclude that the trimming                         
          limitation would have been obvious.                                          
               Nevertheless, the obviousness rejection does not cure the               
          deficiency with respect to the lack of showing of first and                  
          second resistance "alloy portions," as discussed in connection               
          with the anticipation rejection.  For this reason, we conclude               
          that the Examiner has failed to establish a prima facie case                 
          of obviousness.  The rejection of claims 6 and 2 is reversed.                

               Claims 3 and 5 - de Wit, APA, and Mcquaid                               
               The Examiner applies Mcquaid to show NiCrAl as a                        
          resistance material (FR4).  Appellants argue that Mcquaid                    
          shows a resistor having one NiCrAl layer and one CrSi layer,                 
          whereas for claim 3, "where NiCrAl is chosen, both path                      
          portions are substantially the same composition of NiCrAl"                   
          (Br8).  The Examiner responds that the claims do not require                 
          the path portions to have different atomic percentages of                    
          elements (EA5).                                                              
               Since Mcquaid is not applied against claim 6, we will not               
          consider the combination as applied to claim 6.  We agree with               
          Appellants that claim 3, which incorporates by reference the                 
          limitations of independent claim 6, clearly requires both path               
                                        - 9 -                                          

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007