Ex Parte TANI et al - Page 7




          Appeal No. 2003-0196                                                        
          Application No. 08/601,258                                                  


          (annealing) of the platinum film to adjust/raise the TCR of the             
          element.  Thus one of ordinary skill in this art, in view of the            
          applied combination of references, would have expected a high TCR           
          as taught by Wienand when using a post-deposition heat treatment.           
               B.  The Rejection over Wienand, Uriu and Gruner                        
               Appellants merely contest the rejection of claim 11 over the           
          above listed references by stating that Gruner “does not cure any           
          of the deficiencies” of the combination of Wienand and Uriu for the         
          same reasons as stated above (Brief, page 5).  Accordingly, we              
          adopt our remarks from above.  Additionally, we note that the               
          examiner finds that Gruner demonstrates the relationship between            
          the layer thickness and the TCR for nickel films, and also teaches          
          that this relationship is valid for platinum films (Answer, page 5,         
          citing the Figure of Gruner and pages 3-4).                                 
               C.  Conclusion                                                         
               For the foregoing reasons and those stated in the Answer, we           
          determine that the examiner has established a prima facie case of           
          obviousness in view of the reference evidence.  Based on the                
          totality of the record, including due consideration of appellants’          
          arguments, we determine that the preponderance of the evidence              
          weighs most heavily in favor of obviousness within the meaning of           


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