Ex parte SCHLUETER, JR., et al. - Page 2


          Appeal No. 2000-0835                                                        
          Application No. 09/056,945                                                  

               material comprises a plurality of fibers or a polymeric                
               film; and                                                              
                    (b) an outer toner release layer, which contacts a                
               toner image, including an elastomeric material and a second            
               thermally conductive additive, wherein the fuser member is             
               an endless belt that has a thickness ranging from about 3              
               to about 20 mils.                                                      

               The references relied upon by the examiner are:                        
          Uehara et al. (Uehara)        5,345,300            Sep. 06, 1994            
          Wayman et al. (Wayman)        5,450,182            Sep. 12, 1995            
               Claims 1-9 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Wayman in view of Uehara.                                 
               The respective positions of the examiner and the appellants            
          with regard to the propriety of this rejection are set forth in             
          the examiner’s answer (Paper No. 13) and the appellants’ brief              
          (Paper No. 12).                                                             
          Appellants’ Invention                                                       
               The invention is described at page 2 of the answer.                    
          The Prior Art                                                               
               The references are described at pages 3 and 4 of the                   
          answer.                                                                     
          Opinion                                                                     
               After consideration of the positions and arguments                     
          presented by both the examiner and the appellants, we have                  
          concluded that the rejection should not be sustained.                       



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