Appeal No. 2001-2349 Application No. 09/237,895 properties as the claimed invention. Consequently, we will not sustain the rejection of claim 24 over Stimson. The examiner rejects claims 25 and 26 as being clearly anticipated by Nishio. Again, the issue deals with the phrase "consisting essentially of." The examiner states (Answer, page 3-4) that Nishio's metallic layer 6 of borosilicate glass including NiO constitutes an oxide layer having nickel as its major elemental metal component. Appellants respond (Brief, page 6) that Nishio's layer 6 has 40 to 90% by weight of glass and up to 30% by weight of an aggregate, leaving only 10 to 60% by weight of the semiconductive oxide. Appellants assert that the glass and aggregate in layer 6 would materially affect the basic and novel characteristics of the claimed surface layer since Nishio's layer "would effectively be an electrically conductive glass." The claimed invention replaces the conventional conductive glass with a layer that provides a good positive electrical connection while lengthening the resistor. Nishio, on the other hand, replaces the electrically conductive glass with the above-Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007