Ex parte SUMMERFELT et al. - Page 9




          Appeal No. 1998-0765                                                        
          Application No. 08/451,853                                                  


               Rejection under Kaiser, McSweeney, Miyasaka and                        
               Brauer or Peng                                                         
               The examiner rejects, answer at page 7 to 9, claims 20,                
          22, 24 and 27 over this combination of references.  Even                    
          though appellants do not specifically discuss the Brauer                    
          patent or the Peng publication, we find that neither Brauer                 
          nor Peng cure the deficiency noted above in the combination of              
          Kaiser, McSweeney and Miyasaka.  Each of these claims depend                
          on claim 16 and contain the same limitations.  Therefore, we                
          do not sustain the obviousness rejection of claims 20, 22, 24               
          and 27 over Kaiser, McSweeney, Miyasaka, and Brauer or Peng.                
               Rejection under Uchino and Miyasaka                                    
               Claims 16 to 22, and 24 to 36 are rejected under 35                    
          U.S.C.                                                                      
          § 103 as being unpatentable over this combination.  The                     
          examiner gives a detailed explanation of the rejection at                   
          pages 9 and 10 of the examiner’s answer.  Appellants argue,                 
          brief at page 9, that,                                                      
               [a]s the examiner pointed out, Uchino does suggest                     
               that his laminate electrode structure for                              
               piezoelectric actuators is similar to laminate                         
               capacitor electrodes which are also made using thick                   
               film technology.  A laminate capacitor is formed                       
               similar to that described by Uchino on page 8 where                    
               the materials are spread on                                            
                                          9                                           





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