Ex Parte KLEE et al - Page 2



            Appeal No. 1998-1178                                                      
            Application 08/408,753                                                    
                 10.  A method of manufacturing a perovskite-containing               
            composite material as claimed in Claim 1, by providing a                  
            substrate with a first titanium-containing quaternary or                  
            more complex perovskite intermediate layer, and with a                    
            second quaternary or more complex perovskite as a covering                
            layer, the coating forming the intermediate layer being                   
            sintered before the covering layer is provided.                           
                 The the following reference is applied by the examiner               
            in the art rejection:                                                     
            Swartz et al. (Swartz)        5,198,269       Mar. 30, 1993               
                 Claims 1-12 and 16-20 stand rejected under 35 U.S.C.                 
            § 102(b), as anticipated by Swartz, and under 35 U.S.C.                   
            § 103 as obvious over Swartz.                                             
                 We refer to the brief, and to the answer, for a                      
            complete exposition of the opposing viewpoints expressed by               
            the appellants and by the examiner concerning the above-                  
            noted rejection.                                                          
                                     OPINION                                          
                 For the reasons expressed by appellants, and for the                 
            reasons set forth below, we reverse the rejection of record.              
                 On pages 5-6 of the brief, appellants argue that both                
            claims 1 and 10 require that the intermediate layer (the                  
            layer closest to the substrate) is a titanium containing                  
            quaternary, or more complex, perovskite.  Appellants point                
            out that Swartz provides that the first layer (intermediate               
            layer) is made of lead titanate or strontium titanate, which              
            is a tertiary perovskite.                                                 
                 On page 4 of the answer, the examiner rebuts and states              
            that column 3, line 67 through column 4, line 5 of Swartz                 
            suggests that where improved crystallinity is not critical,               
            the second layer may be deposited directly on the substrate.              
            The examiner concludes that when the second layer is closest              
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