Appeal No. 1997-0214
Application 08/155,560
Blitzer 4,155,638 May 22, 1979
Fukuchi et al. (Fukuchi) 5,220,379 June 15,
1993
(filed July 22, 1991)
Claims 1 and 2 stand rejected under 35 U.S.C. § 103. As
to claim 1, the examiner relies upon Fukuchi alone, with the
addition of Blitzer as to claim 2.
Rather than repeat the positions of the appellants and
the examiner, reference is made to the brief and the answer
for the respective details thereof.
OPINION
We sustain both rejections of claims 1 and 2 under 35
U.S.C. § 103.
Appellants' summary of the invention in the brief
correctly correlates the claimed invention in claim 1 to the
features disclosed. More specifically, the claimed developing
agent depletion detecting means is element 68 in Figures 3
through 5 which provides an input to the control means or
microprocessor 74 in Figure 5. Similarly, the claimed counter
means of claim 1 is element 78 in Figure 5. The claimed
exchange signal forming means comprises the control means 74
3
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