COMMISSIONER'S DECISION
OBVIOUSNESS: (conflict) Electronic Capacitors
Capacitors are produced by cosintering layers of ceramic dielectric and layers
of non-noble metal materials indifferent to the dielectric layers. During
conflict proceedings the conflict claims are rejected as indefinite for failing
to properly define the invention. An amendment proposed by the Board was
accepted by the applicant. It overcomes the cited art and at the same time
avoids the conflict.
Final Action: Affirmed but overcome by amendment.
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Patent application 199023 (Class 334-7.1), was filed on 6lay 6, 1974
for an invention entitled "Capacitor With Non-Noble Metal Electrodes
And Method Of Making The Same." The inventor is Gilbert L. Marshall,
assignor to Erie Technological Products, Inc. The Examiner in charge
of the application wrote a letter on December 1, 1978, under Section
45(4) of the Patent Act.
The application is directed to a ceramic capacitor, having electrodes.
The capacitor is formed by cosintering layers of ceramic dielectric
and layers of non-noble metal materials indifferent to the dielectric
layers corresponding in area and position to the electrodes.
In a letter written under Section 45(4) of the Patent Act the Examiner
refused the conflict claim in view of the following patents:
References Applied:
Japanese Patent Publication
45-31212 Published October 8, 1970
United States Patents
3,040,213 June 19, 1962 Byer et al
2,919,483 Jan. 5, 1960 Gravley
In response to that letter the Applicant argued that the conflict claims, in
his view, properly distinguish from the cited patents and he explained the
reason why.
On a review of the application by the Patent Appeal Board some problems
were encountered. We found that some of the conflict claims were indefinite
and that they did not properly define the invention described in the
disclosure and illustrated in the drawings.
On July 23, 1979 a letter was sent to the Applicant explaining that, in
our view, an important feature of the invention was not defined in the
claims. That feature is directed to the fact that the described material
is capable of being chemically converted to or replaced by conductive
material. The Applicant was also advised that such an amendment would also
overcome the teachings of the cited references and terminate the conflict
proceedings.
On September7, 1979 the Applicant amended all of the conflict claims as suggest-
ed by the Board. Since the amended claims now avoid the cited patents and
properly define the invention no further discussion is deemed necessary.
We recommend that the application be returned to the Examiner for resumption
of prosecution.
J.F. Hughes
Assistant Chairman
Patent Appeal Board, Canada
I concur with the reasoning and findings of the Board. Accordingly, I return
the application to the Examiner.
J.H.A. Gariepy
Commissioner of Patents
Dated at Hull, Quebec
this 19th. day of November, 1979
Agent for Applicant
J.T. Richard
48 Sparks St.
Ottawa, Ontario
K1P 5A8