Ex parte USUI et al. - Page 6




          Appeal No. 2000-0166                                                        
          Application No. 07/809,042                                                  


               At the outset, we note that claims 1-3 are grouped                     
          together, see brief at page 4.                                              
               We take claim 1 for our discussion here.  The examiner                 
          asserts (answer, at page 4) that the admitted prior art, as                 
          demonstrated by appellants’ figs. 4 and 5, teaches all the                  
          recited features of the piezo-electrostrictive film type chip               
          except that the pin holes used in assembling the unit are not               
          located near the center of gravity of the transducer.  The                  
          examiner relies on Maltsev for the teaching of the recited pin              
          being near the central gravity of the transducer assembly.  The             
          examiner asserts (id. at 4) that “it would have been obvious . .            
          .  to place the alignment hole of the prior art [at] the center             
          of the transducer assembly.”                                                
               Appellants argue, brief at pages 5 and 6, that “[t]here                
          would have been no reason for the person of ordinary skill in               
          the art to have even looked to a stacked structure such as                  
          Maltsev to solve problems associated with the planar devices                
          having a pin hole at an edge portion thereof.”  The examiner                
          responds, answer at page 5, that “it is not seen how two                    
          transducers both using the same materials [,] both used as ink              
          jet printers and, both cited in the European search report and              
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