Appeal No. 2002-0510 Page 27
Application No. 09/139,309
We address the main point of contention between the examiner and the
appellants. The examiner asserts, "[e]ach layer 22 of Downing or 1 of Slepian is
'distinguishable to the mind or eye as discrete'." (Examiner's Answer at 19.) The
appellants argue that the references "fail to teach or suggest a variable voltage
protection component having two differently formulated layers of variable voltage
material in combination with a first layer of neat dielectric polymer or glass (Claim 31)."
(Appeal Br. at 17.)
Claim 31 specifies in pertinent part the following limitations: "a first layer of
variable voltage protection material in contact with said layer of neat dielectric polymer
or glass and comprises a binder having dispersed therein at least about 20 % by
volume of conductive or semiconductive particles; and a second layer of variable
voltage protection material in contact with the first layer of variable voltage protection
material comprising a binder having dispersed therein conductive and/or
semiconductive particles at a 40 % by volume, which volume is different than in said
first layer." For the reasons explained regarding the indefiniteness rejection, claim 31
requires that a first layer and a second layer differ in their percentage loadings of
conductive or semiconductive particles.
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