Ex Parte OGIURA et al - Page 4




          Appeal No. 2003-0176                                                        
          Application 08/909,590                                                      


          from the first end of the laminate toward but not to the second             
          end (col. 5, lines 55-65; figures 4-8).  Tabota’s laminate has              
          only two piezoelectric layers (43, 44).                                     
               The examiner relies upon Kondou (col. 4, lines 18-30) for a            
          disclosure of benefits of multiple piezoelectric layers including           
          providing, for the same thickness, 1) greater force and 2) the              
          same movement at a lower voltage (answer, page 3).  Even if                 
          Tabota’s laminate had more than two piezoelectric layers,                   
          however, the electrodes would not be provided respectively and              
          alternately at each interface between the piezoelectric layers.             
          The reason is that Tabota would have, at an interface between the           
          interfaces at which the two electrodes would be positioned, an              
          intermediate electrode (47) which does not extend to either end             
          of the laminate (col. 5, line 65 - col. 6, line 2; figures 4-8).            
               For a suggestion to eliminate Tabota’s intermediate                    
          electrode the examiner relies upon Harnden or Koal.  Without                
          citing any particular portions of these references the examiner             
          argues (answer, page 3): “Each of Harnden and Koal teach that               
          polarizing only the active area of a piezoelectric elements [sic]           
          reduces mounting stress stray signals and provides a place to               
          attach lead wires.”                                                         


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