Appeal No. 2000-0710
Serial No. 08/788,959
this language is intended to mean that the edges of piezoelectric
layer PZ and upper electrode UE are in alignment, unlike in
conventional ink jet recording heads wherein a pattern shift
or misalignment exists between the PZT layer and the upper
electrode. The alignment between layers in appellants’ device is
attributed to the fact that the two layers of the recording head
in question are formed by a dry etching system to etch layers 4
and 5 (Figs. 6 and 7) in batch, that is, in the same step. Such
being the case, we do not agree with the examiner that the above
claim recitation does not further limit the final structure of
the claimed invention.
At page 10, the translated Fujii reference teaches etching
to form the PZT element 4. However, the examiner has not
established that misalignment of layer edges was a problem
recognized in the prior art, and Fujii does not teach
simultaneous etching of a PZT layer and an upper conductive layer
to produce a PZT layer and an upper electrode layer whose edges
are aligned, that is, without a pattern shift between the piezo-
electric thin film and the upper electrode as required by the
claims. Accordingly, the rejection of claims 1, 4 and 22 as
anticipated by Fujii cannot be sustained.3
3. We note that at page 5, lines 1 and 2, Rittberg teaches
simultaneous etching of a PZT layer and an upper conductive layer. The
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