Ex parte SASS et al. - Page 8




          Appeal No. 95-3720                                                          
          Application 08/088,146                                                      


          of showing that it was known to move either the cleaning roller             
          or the pressure roller in a photoreceptor belt cleaning system.             
          Thus, Nishise is cited for the sole purpose of demonstrating that           
          the artisan would have found it obvious within the meaning of 35            
          U.S.C. § 103 to move the pressure roller in Usui rather than the            
          cleaning roller.  This is the scope of the invention as recited             
          in claims 3 and 4, and the teachings of this scope are properly             
          combinable from Usui and Nishise.  Accordingly, we sustain the              
          rejection of claims 3 and 4 under 35 U.S.C. § 103.                          
          We now consider the rejection of claims 5, 8 and 10 as                      
          being unpatentable over the teachings of Usui and Uno.  These               
          claims stand or fall together [brief, page 3].  The examiner has            
          explained why it would have been obvious to the artisan to use a            
          resilient means to urge the cleaning roller towards the belt so             
          as to maintain the pressure at the cleaning nip [answer, page 6].           
          Appellants’ initial argument with respect to this                           
          rejection, as with the previous rejection, is that the secondary            
          reference (Uno) does not suggest the maintaining means of claim             
          1.  As we noted above, since Usui is considerd to meet this                 
          limitation of claim 1, this particular argument is without merit.           
          Appellants also point out individual differences between                    
          each of the applied references and the claimed invention.  This             

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