Appeal 2006-2730 Application 10/415,631 materials and thickness of the polymer and the electrodes, and (2) the extent of pre-straining of the polymer (Br. 6). We will sustain the Examiner’s anticipation rejection of independent claim 11. Although forming the waved area on the elastomeric body prior to covering it with an electrode may produce a stress-free structure as Appellants argue, the claim nevertheless is fully met by Pelrine’s pre- strained polymeric body and electrodes formed thereon. In fact, Pelrine expressly teaches forming the waved area prior to covering the body with an electrode as claimed. Pelrine states that the surfaces on the pre-strained polymer are textured (i.e., a waved surface is formed) by either of two methods: (1) stretching and subsequently relaxing the polymer to buckle the surface, or (2) reactive ion etching (Pelrine, col. 27, l. 60 – col. 28, l. 8). Significantly, Pelrine further explains that “[o]ne or more electrodes are then formed on the polymer….” (Pelrine, col. 28, l. 9; emphasis added). That is, the electrodes are applied after texturing the surface of the polymer. For example, a thin layer of gold may be sputter deposited on the textured surface formed by etching to provide a textured electrode (Pelrine, col. 28, ll. 9-12). In short, Pelrine fully meets independent claim 11 including forming the waved area prior to covering the body at least partially with an electrode as claimed. Appellants’ arguments regarding producing a stress-free structure with the claimed process are simply not commensurate with the scope of the claim which does not preclude Pelrine’s pre-strained textured polymer that is made by the claimed process. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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