Ex Parte YAMAMOTO - Page 10



          Appeal No. 2001-0713                                                        
          Application 09/016,304                                                      

          We now consider the rejection of claims 5 and 7 based on                    
          Sugishita taken alone.  The examiner’s rejection indicates that             
          Sugishita does not disclose that the piezoelectric ceramic plate            
          is square, that adjacent electrodes are exposed at different                
          sides, that the device has a disk shape, or what mode the                   
          transformer is driven in [answer, page 7].  The examiner                    
          dismisses these differences by relying on per se rules of                   
          obviousness, by relying on official notice, and by simply stating           
          that the differences between the claimed invention and the prior            
          art would have been obvious to the artisan [id., pages 7-8].                
          Appellant basically argues that Sugishita suffers the                       
          same deficiencies as Ogawa and makes the same arguments that we             
          considered above.  Since we agree with appellant that the issues            
          with respect to this rejection are the same as the issues with              
          respect to the rejection based on Ogawa, we will not sustain the            
          rejection of claims 5 and 7.  With respect to the rejection of              
          dependent claims 6 and 8 based on Sugishita and Clawson, since              
          Clawson does not overcome the deficiencies of Sugishita discussed           
          above, we do not sustain the rejection of claims 6 and 8.                   




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