Appeal No. 2001-1570
Application No. 09/081,393
piezoelectric elements 44 cause tabs 47 to undergo deformation
during the operation of the microactuator and thus, read on the
claimed recitation of “bent tabs” and “bent-up tabs” (answer,
page 6).
A rejection for anticipation under section 102 requires that
the four corners of a single prior art document describe every
element of the claimed invention, either expressly or inherently,
such that a person of ordinary skill in the art could practice
the invention without undue experimentation. See Atlas Powder
Co. v. Ireco Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947
(Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d
1671, 1673 (Fed. Cir. 1994).
After reviewing Boutaghou, we agree with Appellant’s
assertion that the reference includes no teaching or suggestion
related to monomorphs made of a metal sheet having bent tabs on
which a piezoelectric element is attached. Boutaghou provides
for PZT elements 44 which are preferably bi-morph in nature and
are bonded to the sides of spokes 47 (column 6, lines 5-13). The
Examiner provides no specific reference in Boutaghou related to
the use of monomorph elements, nor can we find the necessary
teachings in the reference that would have pointed to using such
elements.
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