Ex Parte SHRIER et al - Page 9




                 Appeal No. 2002-0510                                                                                  Page 9                     
                 Application No. 09/139,309                                                                                                       


                         Claim 31 specifies in pertinent part the following limitations: "a layer of neat                                         
                 dielectric polymer or glass which is in direct contact with an electrical conductor in said                                      
                 electronic circuit. . . ."  We conclude that one skilled in the art would understand that the                                    
                 limitations require a layer of neat dielectric polymer or glass that is in direct contact with                                   
                 an electrical conductor in an electronic circuit.                                                                                


                         Fifth, the examiner asserts, "[i]t is not clear if the volume is 'different' because the                                 
                 volumes occupy different spaces, or they have different percentage loadings."                                                    
                 (Examiner's Answer at 14.)  The appellants argue, "[t]he term 'different' as used in                                             
                 [c]laims 31-32 clearly distinguishes the compositions of the two layers of variable                                              
                 voltage material."  (Appeal Br. at 9.)                                                                                           


                         Here, claim 31 specifies in pertinent part the following limitations: "a binder                                          
                 having dispersed therein conductive and/or semiconductive particles at a 40% by                                                  
                 volume, which volume is different than in said first layer."  (Emphasis added.)  Also                                            
                 similarly, claim 32 specifies in pertinent part the following limitations: "a binder having                                      
                 dispersed therein conductive or semiconductive particles at a 20 by volume, which                                                
                 volume is different than the second layer."  (Emphasis added.)  For its part, the                                                
                 specification discloses that "the multiple layer construction provides an opportunity to                                         
                 vary the conductor particle loading and/or semiconductor particle loading in each layer,                                         







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