Ex parte BERGER - Page 3




          Appeal No. 1998-0867                                                        
          Application No. 08/639,984                                                  


          respective positions of the appellant and the examiner.                     
                                       OPINION                                        
               Appellant argues (Brief, page 3 through 5) that all of                 
          the claims on appeal recite electrode layers that “completely               
          cover” the main surfaces of the thermistor, that the material               
          of the electrode layers comprises a silver alloy “containing                
          minimally                                                                   
          3 wt. % and maximally 12 wt. % zinc,” and that the applied                  
          prior art neither teaches nor would have suggested the same.                
               The examiner states (Answer, page 3) that Belhomme                     
          discloses “[e]lectrode layers 11 in Fig. 2 completely cover                 
          the thermistor 2,” and that “[t]he electrodes 11 contain                    
          silver.”  The examiner also states that “Kahn discloses                     
          silver/zinc electrodes at the claimed ratio in col. 2, lines                
          5-18, and Example I.”  Based upon the teachings of Belhomme                 
          and Kahn, the examiner concludes (Answer, page 4) that “[i]t                
          would have been obvious in view of Kahn to employ directly                  
          applied zinc/silver electrodes in the device of Belhomme at                 
          the claimed ratio where Kahn teaches that the electrodes are                
          low in contact resistance and both Belhomme and Kahn disclose               
          similar thermistor materials and electrodes having silver.”                 
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