Ex parte INAMINE et al. - Page 5




          Appeal No. 96-3746                                                          
          Application 08/236,007                                                      


                    We agree with the examiner that the signal which                  
          initiates the feed cycle when the adjusted long term ink level is           
          greater than the set point may be considered the first signal as            
          recited in claim 1 and the signal which terminates the feed cycle           
          when the adjusted long term ink level is less than the set point            
          may be considered the second signed.  However, in Barney, ink is            
          supplied to the ink fountain in the form of a feed cycle wherein            
          for some portion of the cycle the control value is open and for             
          some portion of the cycle the control value is closed (Col. 4,              
          line 33, Col. 6, line 61 - Col.7, line 3).  The total cycle time            
          is chosen to allow the ink in the ink fountain to seek a new                
          level when ink feed has occurred.                                           
                    We find no disclosure or suggestion in Barney of:                 
                    an arithmetic computing device for computing                      
                    a relative relationship between a time period                     
                    during which said ink amount detection device                     
                    produces said first signal and a time period                      
                    during which said ink amount detecting device                     
                    produces said second signal.                                      
          As is recited in Claim 1, Barney never compares the ink signals             
          but rather compares the ink levels and as such Barney does not              
          compute a relative relationship between the time periods during             
          which the first signal and the second signal are produced.                  
                    The examiner in discussing the disclosure of Barney               
          stated:                                                                     
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