Appeal No. 2002-0563
Application No. 09/381,755
pages 4 and 5) that Tomita neither teaches nor would have
suggested a first group of outer electrodes, and a second group
of outer electrodes electrically connected to the first and
second contacts, respectively. Appellants additionally argue
(reply brief, pages 2 and 3) that Tomita does not have electrodes
within the piezoelectric plate 1, and that Tomita teaches away
from the claimed polarization of the plurality of plates. We
disagree with both of appellants’ arguments in the reply brief.
Although the disclosure (Figure 1) shows electrodes that may be
described as “within” the piezoelectric plate, none of the claims
on appeal limit the electrodes to such a location. With respect
to the polarization of the plates, we find that the claimed
polarization will occur in the plurality of plates disclosed by
Tomita after the application of the high voltage to the laminate
stack of plates (column 3, lines 54 through 65). On the other
hand, we agree with appellants’ argument in the brief. When all
of the projections on each of the metal plates 3 are electrically
connected together in Tomita, only two electrodes are formed
(column 3, lines 22 through 28). One of the two electrodes is
connected to the positive terminal of the power source, and the
other of the two electrodes is connected to the negative terminal
of the power source (column 3, lines 28 through 37). Thus, the
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