Appeal No. 2001-0713
Application 09/016,304
recited functional limitations. RCA Corp. v. Applied Digital
Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.
Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and
Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ
303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
The examiner indicates how he finds anticipation with
respect to claim 3 [answer, page 3]. Appellant argues that Ogawa
fails to disclose a piezoelectric transformer driven in a profile
direction expansion vibration basic mode or a ceramic plate
having an outer shape of a square plate. Appellant argues that
Ogawa only operates in a thickness direction extension vibration
mode at the disclosed frequencies. Appellant also argues that
Ogawa does not disclose the claimed arrangement of the inner and
outer electrodes [brief, pages 6-7]. The examiner responds that
Ogawa discloses a transformer with a square outer shape that is
driven in the claimed direction [answer, page 11]. Appellant
responds that the Ogawa drawing is not drawn as a square shape
and that it cannot be presumed that the shape is a square.
Appellant also reiterates that there is no disclosure within
Ogawa that the transformer is driven in the profile direction
expansion vibration basic mode as claimed or that the inner and
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