Ex parte FUJIMOTO et al. - Page 8




          Appeal No. 1999-2572                                                        
          Application 08/419,678                                                      


          facie case of obviousness for the recitation in claim 1 that                
          “each of the nozzle rows being spaced apart from an adjacent                
          nozzle row by a distance which is at least twice a printing                 
          width.”                                                                     
          We also agree with appellants that the examiner has                         
          not properly explained the motivation for combining the                     
          teachings of Chan and Zandian.  The examiner’s original                     
          motivation was based on the alleged fact that Chan was cited                
          within Zandian.  Appellants noted that Zandian referred to a                
          different Chan patent and that the Chan patent relied on by                 
          the examiner has a different nozzle format than Zandian.                    
          Appellants argue that because of these different nozzle                     
          formats, one of ordinary skill in the art would not have been               
          motivated to modify the nozzle format of Zandian with the                   
          teachings of the Chan patent used by the examiner.  The                     
          examiner has not responded to this persuasive argument by                   
          appellants.                                                                 
          For the reasons discussed above, we do not sustain the                      
          examiner’s rejection of claims 1-7 based on the collective                  
          teachings of Kohei, Zandian and Chan.  Since the additional                 
          references of Rhoads and Hirano do not overcome the                         
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