Ex Parte MURPHY - Page 6




          Appeal No. 2001-1570                                                           
          Application No. 09/081,393                                                     


               Additionally, in contrast to the Examiner’s assertion and                 
          different from the claimed monomorphs having bent tabs, the                    
          disclosed spokes of Boutaghou are bent only when the bi-morph                  
          elements are energized by an electrical potential and current                  
          (column 6, lines 14-19).  Furthermore, we find nothing in                      
          Boutaghou that relates to the use of monomorphs formed of a                    
          piezoelectric element attached to bent tabs of a metal sheet.  In              
          fact, the Examiner has incorrectly identified bi-morph elements                
          44 attached to the sides of spoke 47 as two monomorphs, one on                 
          each side of the spoke, that may be combined to produce a bi-                  
          morph structure.  Additionally, the Examiner’s reference to the                
          bent spokes that are deformed during the movement of the                       
          actuator, falls short of the claimed “two monomorphs constructed               
          from a metal sheet having symmetrically bent tabs.”  In that                   
          regard, the spokes of Boutaghou, although bendable and deformable              
          by an electrical potential and current energizing the bi-morphs,               
          include neither the metal sheets nor any portions that are the                 
          same as the claimed “bent tabs.”  Accordingly, because the                     
          claimed monomorphs on bent tabs is not taught by Boutaghou, the                
          prior art does not anticipate the claims and the 35 U.S.C. § 102               
          rejection of claims 1-8, 10-12, 14-17 and 21-30 cannot be                      
          sustained.                                                                     

                                           6                                             





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007