Ex Parte Copetti et al - Page 5




          Appeal No. 2004-0022                                                           
          Application No. 09/734,807                                                     


          recesses in the electrically conducting layers of Ohyama in order              
          to adjust the capacitance, appellants contend that the                         
          combination of Ohyama and Guertin is inappropriate inasmuch as                 
          the conductor layers of Ohyama are printed and formed with a                   
          paste material, whereas the conducting layers of Guertin are                   
          formed with a screened ink-like substance.  However, appellants                
          fail to explain the specific difference between a paste material               
          and an ink-like substance and, more importantly, why any such                  
          distinction would have militated against forming recesses in the               
          conductor layers of Ohyama for the purpose of adjusting                        
          capacitance.  While appellants maintain that "[o]ne of ordinary                
          skill in the art would fail to recognize that the paste layers of              
          Ohyama could include surfaces with recesses as in Guertin"                     
          (page 5 of Brief, penultimate paragraph), appellants fail to                   
          provide the requisite reasoning in support of this conclusion.                 
               As a final point, we note that appellants base no argument                
          upon objective evidence of nonobviousness, such as unexpected                  
          results.                                                                       
               In conclusion, based on the foregoing and the reasons set                 
          forth by the examiner, the examiner's decision rejecting the                   
          appealed claims is affirmed.                                                   



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