Appeal No. 1998-0867
Application No. 08/639,984
We agree with the examiner that Belhomme and Kahn
disclose thermistor electrodes having silver. We do not,
however, agree with the examiner that “Kahn discloses
silver/zinc electrodes at the claimed ratio.” In Kahn, the
thermistor electrode uses a fixed weight of 13.7% zinc (column
3, lines 56 through 59) which is outside the claimed maximum
weight percent of zinc. The examiner has likewise mistakenly
concluded that the electrode layers 11 in Belhomme “completely
cover” the thermistor 2. Belhomme specifically states (column
2, lines 1 through 5) that the metallized electrode layers 11
are “on substantially the entire surface area” of the
thermistor. A metal that “substantially” [covers] the entire
surface area of a thermistor differs from a metal that
“completely covers” the surface of the thermistor.
In summary, the obviousness rejection of claims 1 through
10 is reversed because “the combined teachings of Belhomme and
Kahn do not lead to the present invention” (Brief, page 5).
DECISION
The decision of the examiner rejecting claims 1 through
10 under 35 U.S.C. § 103(a) is reversed.
REVERSED
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