Appeal No. 2000-0710
Serial No. 08/788,959
an electrode for applying an electric field to
said piezoelectric thin film,
wherein said piezoelectric thin film and said
electrode are patterned to the same shape and without a
pattern shift between said piezoelectric thin film and
said electrode.
The references relied upon by the examiner are:
Rittberg DE 2,256,667 Jun. 06, 1974
(German Patent Document)
Fujii JP 5-286131 Nov. 02, 1993
(Japanese Patent Application)
Claims 1, 3-9 and 20-22 stand rejected under 35 U.S.C.
§ 112, second paragraph, as being incomplete for omitting
essential structural cooperative relationships of elements.
Claims 1, 4 and 22 stand rejected under 35 U.S.C. § 102(b)
as anticipated by JP 5-286131 (Fujii)1.
Claims 3, 5-9, 20 and 21 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Fujii in view of DE 2,256,667
(Rittberg)2.
The respective positions of the examiner and the appellants
with regard to the propriety of these rejections are set forth in
1. The examiner’s answer erroneously includes claim 2 and 10 in this
rejection. Claim 2 was cancelled in the amendment filed January 27,
1999 (Paper No. 16) and claim 10 was cancelled in the amendment filed
August 3, 1998 (Paper No. 14).
2. In the examiner’s response to the reply brief (Paper No. 24), it
was acknowledged that claim 21 was inadvertently omitted from this
2
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