Appeal No. 1999-1629
Application 08/510,491
invention does not rely on a counting feature to initiate
operation of the other nozzles; the present machine includes a
counter that merely tracks usage of each nozzle for
replacement purposes (Br5). Appellant argues that claim 1
defines the "other nozzles" as "different than said set of
said nozzles [used to print a postal mark]," and the nozzles
operated between successive mail items are different than the
nozzles operated to print the postal mark, which is
conceptually and practically different from the counter
feature of Nakagawa (Br6). It is further argued that the
operation of the "other nozzles" depends on the location of
mail items relative to the print head, whereas Nakagawa's
counting feature operates after each print cycle on all
nozzles (RBr1-2).
It is true that Nakagawa teaches discharging from any of
the nozzles. Thus, Nakagawa as combined with Herbert would
have suggested ejecting ink from all non-used or little-used
nozzles at the same time, including the nozzles operated to
print the postal mark. However, the limitation that "said
controller further operates other of said nozzles of said row
of nozzles, different than said set of said nozzles, when
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