Ex parte ANTHONY B. CASTRO et al. - Page 5




                Appeal No. 96-2416                                                                                                            
                Application 08/206,447                                                                                                        


                circuit of the motor, thereby stopping the motor and pump until                                                               
                the cock is reopened (col. 2, lines 31-38).                                                                                   
                         The examiner has taken the position that the pressure                                                                
                regulator 36 of Cruz-Uribe is comparable to the accumulator of                                                                
                the claims “in general terms” (answer, page 5), and that Cruz-                                                                
                Uribe differs from claim 1 “in the details of the pressure                                                                    
                regulator” (answer, page 4).  While conceding on page 5 of the                                                                
                answer that Cruz-Uribe fails to disclose (1) an accumulator with                                                              
                a chamber and a movable body (claim element (a) ), (2) supply and              2                                              
                delivery port means (claim element (b)), and (3) means for                                                                    
                effecting operation of the pump (claim element (e)) , it is the                      3                                        
                examiner’s view that “[i]t would have been obvious to modify the                                                              
                Cruz-Uribe ink jet printing system with an embodiment for his                                                                 
                pressure regulator 36, such as those taught by Osaki and Debare,                                                              
                for the purpose of implementing the Cruz-Uribe ink supply in a                                                                
                known manner” (answer, page 4).                                                                                               
                         The examiner’s rejection is flawed in several respects.                                                              
                First, it is not clear precisely how the examiner proposes to                                                                 


                         2These claim element designations by letter are with respect                                                         
                to our analysis of claim 1 supra.                                                                                             
                         3Cruz-Uribe also fails to disclose (4) means for exerting a                                                          
                biasing force on the movable member for pressurizing the ink in                                                               
                the accumulator (claim element (c)).                                                                                          
                                                                      5                                                                       





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