Ex parte SHRIER et al. - Page 3




          Appeal No. 1998-2975                                                        
          Application No. 08/790,250                                                  


               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                 
          12, 14 through 18, 43, 51, and 52.                                          
               Claims 12, 14 through 18, and 51 recite, in pertinent                  
          part, "a voltage variable material" and "a reinforcing layer                
          having a substantially constant thickness embedded in the                   
          voltage variable material" (underlining added for emphasis).                
          The examiner points to the admitted prior art to Collins (APA,              
          pages 3-4), describing an insulating sheet with plural holes                
          filled with variable voltage materials, as being a reinforcing              
          layer impregnated with voltage variable material.  The                      
          examiner (Answer, page 3) then relies on the disclosure at                  
          page 8, lines 8-11 of the specification, wherein appellants                 
          seem to equate a reinforcing layer embedded in a voltage                    
          variable material with a reinforcing layer impregnated with                 
          the voltage variable material.  The examiner asserts that                   
          since Collins discloses a reinforcing layer impregnated with                
          voltage variable material and appellants' statement on page 8               
          of the specification makes such a layer interchangeable with a              
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