Ex parte TANAKA et al. - Page 12




          Appeal No. 1999-0578                                                        
          Application 08/217,641                                                      


          uniform intermediate state and Harwood does not use its                     
          feedback control to maintain a writing light intensity to                   
          output light intensity ratio approximately constant as claimed              
          [brief, pages 12-13].  The examiner responds that Takimoto 1                
          still has a spatially uniform intermediate state and Harwood                
          suggests other modifications could be made to his device                    
          [answer, pages 10-11].  Appellants respond that maintaining                 
          the contrast ratio in Harwood is not the same and does not                  
          suggest keeping the ratio of writing light intensity to output              
          light intensity approximately constant as claimed [reply                    
          brief, pages 4-5].                                                          
          We agree with appellants for the reasons set forth in                       
          the briefs.  Therefore, we do not sustain the examiner’s                    
          rejection of claims 8 and 29.                                               
          We now consider the rejection of claim 30 based on the                      
          teachings of Hanyu and Hartmann.  This rejection is set forth               
          on pages 3-4 of the answer.  Appellants argue that Hartmann                 
          does not teach a spatially uniform intermediate state.                      
          Appellants also argue that Hanyu does not teach the specific                
          advantages associated with the range of 10 -10  eqcm.  The8   11                            
          examiner responds that Hartmann teaches a spatially uniform                 
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