Appeal No. 2000-1347
Application No. 08/740,283
rejections.
DISCUSSION
I. Claim 8
In the final rejection (Paper No. 11), the examiner also
(1) rejected claims 1 through 8 under 35 U.S.C. § 102(b) as
being anticipated by Japanese patent document 4-305679 and (2)
applied the Japanese reference as an alternative to Kogure in
the 35 U.S.C. § 103(a) rejection of claims 9 through 16.
Inasmuch as the examiner’s answer does not restate either of
the rejections based on the Japanese reference, both are
assumed to have been withdrawn by the examiner sua sponte (see
Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957)). As a
result, claim 8 has no rejection outstanding thereagainst.
II. The 35 U.S.C. § 102(b) rejection of claims 1 through 7 as
being anticipated by Kogure
Kogure discloses a thermal roller 1 for fixing toner
images on recording sheets. The Figure 10 embodiment relied
upon by the examiner comprises a support cylinder having end
shafts 1B rotatably supported by heat-insulating bushings 5
and heat-resistant bearings 6. The thermal components of the
4
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