Ex Parte RIEDEL et al - Page 8

          Appeal No. 2001-1853                                                        
          Application 09/198,217                                                      

               We therefore do not agree with appellants' assertions in the           
          brief that the prior art relied upon by the examiner does not               
          show both an inner electrode of a piezoelectret element and the             
          additional use of an electrical conductive coating between this             
          electrode and the substrate material.                                       
               The use of this additionally claimed electrically conductive           
          coating is said by appellants to provide a solution to a known              
          problem in the art.  This is reflective of the statement made at            
          page 1 of the specification, lines 16-20 as well as the                     
          discussion in the paragraph bridging pages 4 and 5 of the                   
          specification as filed.  Upon a careful consideration of                    
          Bullock's teachings as we just outlined, it is apparent that even           
          though Bullock does not intend to solve the particular problem              
          outlined by appellants to use the electrically conductive coating           
          to ensure that the electric transducer remains functional even              
          when the inner electrode may be damaged due to material fatigue,            
          Bullock essentially teaches the dual electrode layers anyway,               
          thus inherently achieving the disclosed but unclaimed feature.              
               To the extent appellants argue that the purposes of the                
          references relied upon by the examiner are different from the               
          appellants’ disclosed purpose, this is not pertinent to the issue           
          and is essentially irrelevant if the prior art teachings would              
          have led the artisan to construct an arrangement having the                 



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