Ex parte BASKETT et al. - Page 8




          Appeal No. 1998-1364                                                        
          Application 08/722,384                                                      

               Claim 2 recites that "the substantially zero bending                   
          occurs at a transition between tensile stress and compressive               
          stress at a surface of the sensing structure in response to                 
          the physical condition."  This implicitly requires bending in               
          a constrained structure so as to produce an inflection point                
          between tensile stress and compressive stress, as shown in                  
          Appellants' figure 2.  Since no bending occurs in the inactive              
          area 34 of Huck, there is no transition between tensile stress              
          and compressive stress in Huck.  Thus, we find that claim 2 is              
          not anticipated.  Claims 3-7, which depend on claim 2 and are               
          rejected as being anticipated by, or unpatentable over, Huck                
          incorporate the limitation of claim 2 and are patentable                    
          thereover.  Inoue, which is applied to the rejection of                     
          claims 8 and 9 to show an error compensation circuit, does not              
          cure the deficiency of Huck with respect to claim 2.  For                   
          these reasons, the rejections of claims 2-9 are reversed.                   

          Claims 14-17                                                                
               Independent claim 14 recites a first step of "providing a              
          sensing structure that bends in response to a physical                      
          condition and develops a membrane stress at a first location                
          that has substantially zero bending."  Thus, claim 14 is not                
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