Appeal No. 96-1706
Application 08/203,461
g) based on said counts of signal pulses in said
first and second counters and the sensor indicated tape
condition, the micro controller determining the timing of control
signals of controlling the motor in correspondence to the length
of printing on the tape.
The examiner relies on the following references:
Hubbard 3,869,986 Mar. 11, 1975
Schwartz 4,168,533 Sep. 18, 1979
Storace et al. (Storace) 4,831,554 May 16, 1989
Claims 1 through 3, 5, 6, 8 and 9 stand rejected under
35 U.S.C. 103 as unpatentable over known postage meters in view
of Schwartz "and a substitution of equivalent devices" [answer,
page 3].
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
OPINION
We reverse.
At the outset, we note that the examiner's reliance on
references (Hubbard and Storace), to whatever extent relied on,
wherein the references form no part of the statement of
rejection, is clearly improper. In re Hoch, 428 F.2d 1341, 1342
n.3, 166 USPQ 406, 407 n.3 (CCPA 1970). Accordingly, we place no
reliance on the Hubbard and Storace references.
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