Ex parte KITAHARA et al. - Page 10




          Appeal No. 96-2881                                                          
          Application No. 08/013,646                                                  


          page 9.)                                                                    
                    The Examiner responds “Usui discloses (Figure 23a)                
          such a common reservoir tank 186.  Mineta also discloses                    
          (Figures 1A, 1B) such a common reservoir tank 8.”  (Answer at               
          page 6.)  Further, the Examiner states, “Since Figure 23a [of               
          Usui] is a sectional view, the rows are not illustrated.  For               
          a showing of adjacent rows of nozzle openings, a perspective                
          view is needed.  Perspective Figures 1 (10',10) and 28                      
          (262,264) show adjacent rows of nozzle openings.  Mineta                    
          discloses (Figure 1) a common reserve tank 8 for nozzle                     
          openings 4.  For the showing of adjacent rows, note Figure 2A               
          (14A,14B).”  (Supplemental answer at page 2.)                               
                    Appellants further respond “The Examiner’s assertion              
          is incorrect.  Figures 1 and 28 illustrate different                        
          embodiments of the invention from that illustrated in Figure                
          23a of Usui.  In fact, the embodiment illustrated in Figure                 
          23a does not include rows of nozzle openings, as suggested by               
          the Examiner.”  (Supplemental reply brief at page 2.)                       
                    Reviewing Usui, we fail to see how Appellants have                
          determined that Figure 23a does not include rows of nozzle                  
          openings.  We also fail to see a positive indication that                   
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