Ex parte TAKEUCHI et al. - Page 4




          Appeal No. 1998-0865                                                        
          Application No. 08/488,455                                                  


                                       OPINION                                        
               We have carefully considered the claims, the applied                   
          prior art references, and the respective positions articulated              
          by appellants and the examiner.  As a consequence of our                    
          review, we will reverse the obviousness rejection of claims 2               
          through 6 and 8 through 12.                                                 
               Independent claim 2 includes a substrate with a "thin-                 
          walled region being curved into said recess" and a                          
          piezoelectric transducer "being curved in the same direction                
          as said thin-walled region."  Thus, all of the claims require               
          that both a portion of the substrate and also the transducer                
          be curved into the recess.                                                  
               The examiner admits (Answer, page 3) that the                          
          piezoelectric device of Takeuchi I or II "is not curved."  The              
          examiner turns to Hubbard to remedy this deficiency and                     
          asserts (Answer, page 3) that "Hubbard teaches a similar                    
          device usnig [sic] a curved piezoelement as it gives a                      
          preferred or biased direction of operation. . . .  Thus, for                
          at least the reasons taught by Hubbard, it would have been                  
          obvious to impart curvature to the drive sections of" Takeuchi              
          I or II.                                                                    
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