Ex parte GALLAGHER et al. - Page 5




          Appeal No. 96-1706                                                            
          Application 08/203,461                                                        

          for holding that the examiner has not established a case of prima             
          facie obviousness and we so hold.                                             
                    Further, we agree with appellants that the skilled                  
          artisan would have been unlikely to look toward Schwartz for a                
          teaching of controlling a tape motor for feeding tape to a                    
          printing drum since Schwartz is directed to a postage meter which             
          utilizes an ink jet printing mechanism rather than a mechanical               
          drum mechanism.                                                               
                    The examiner's decision rejecting claims 1 through 3,               
          5, 6, 8 and 9 under 35 U.S.C. 103 is reversed.                                


                                       REVERSED                                         



                                                                                       
          JAMES D. THOMAS             )                                                 
          Administrative Patent Judge )                                                 
          )                                                                             
          )                                                                             
          )                                                                             
          ERROL A. KRASS              ) BOARD OF PATENT                                 
          Administrative Patent Judge )    APPEALS AND                                  
          )   INTERFERENCES                                                             
          )                                                                             
          )                                                                             
          MICHAEL R. FLEMING          )                                                 
          Administrative Patent Judge )                                                 
                                                                                       


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