Ex Parte Wertsberger - Page 6



          Appeal No. 2004 1681                                                        
          Application No. 09/749,216                                                  

          specification discloses that the contact electrode can be                   
          formed by fitting a metal cover over the wallplate.                         
               Hence, we agree with the examiner’s position as set                    
          forth on pages 4, 7, and 8 of the answer.  The examiner                     
          states that the electrode 44 of Schwalm is substantially                    
          directly mounted to wallplate 12.  See Figure 4 of                          
          Schwalm.                                                                    
               In view of the above, we therefore affirm the rejection                
          of claim 1 (claims 2-8 fall with claim 1).                                  

          Claim 10                                                                    
               With regard to claim 10, claim 10 recites “at least one                
          contact electrode deposited substantially directly                          
          thereupon.”                                                                 
               Beginning on page 7 of the brief, appellant argues that                
          the term “deposited”, as found in this phrase, relates to a                 
          metal deposition, or a printing with conductive or resistive                
          ink deposition onto the wallplate, and the equivalence of                   
          such deposition or printing process.                                        
               On page 8 of the answer, the examiner states that claim                
          10, along with claims 11-13 and 16-20, are directed to an                   
          apparatus/product, rather than a method of manufacturing the                
          electrode itself, and the examiner therefore states that the                
          term “deposited” can be interpreted as meaning securing or                  
          attaching on a wallplate.                                                   
               The issue here is whether an electrode “deposited”                     
          substantially directly thereupon results in a different                     
          structure than that disclosed in Schwalm.  The examiner does                
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