Ex Parte HASHIZUME et al - Page 7




Appeal No. 2000-0710                                                                  
Serial No. 08/788,959                                                                 
                                                                                     

          thicknesses in such a cover layer which increases layer                     
          displacement and reduces chamber size.  In this regard, in Fig.             
          2, Rittberg teaches decreased cross sections 27 in the common               
          chamber cover plate or layer 25 above fluid chambers 294. The               
          reduced sections 27 would have increased the flexibility of the             
          layer 25 for reducing the size of the ink chambers so as to eject           
          more ink for printing.  The reduced sections 27 of the common               
          metal layer 25 in an area not attached to the piezoelectric thin            
          film are thinner than the portions of the common electrode in the           
          areas attached to the piezoelectric thin film, as defined in                
          claims 6 and 20.  See especially, the two left-most reduced                 
          sections 27 in Fig. 2 of Rittberg.                                          
               With respect to dependent claim 21, it is argued that                  
          neither reference teaches or suggests a diaphragm that consists             
          of a common electrode.  This position is not persuasive because             
          cover plate 25 in Rittberg is a metal diaphragm common to fluid             
          chambers 29 and the upper electrodes.                                       
               Dependent claims 3, 5, 8 and 9 are not specifically argued             
          by appellants.                                                              

                                                                                     
          4. The cover plate or layer is not labeled in Fig. 2 of Rittberg but        
          it is clear from the specification that it is the layer directly above      
          the fluid chambers 29.                                                      
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