Ex parte SCHLUETER, JR., et al. - Page 3


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

               At page 5 of the answer, the examiner states that,                     
                    Therefore, it is submitted that one having ordinary               
               skill in the art would be motivated by the disclosure of               
               Wayman et al (‘182), noted supra, to add even more                     
               thermally conductive materials to the belt-shaped fuser                
               member of Wayman et al (‘182) if they (sic) wanted to                  
               increase the thermal conductivity that is already inherent             
               in said disclosed belt-shaped fuser member noted supra.                
               The above quotation of the examiner does not state a                   
          motivation or suggestion to add thermally conductive material to            
          the layer 64 of fuser 52 of Wayman.  There is no explanation in             
          the examiner’s statement as to why one of ordinary skill in the             
          art would have wanted to increase the thermal conductivity of               
          Wayman’s fuser.  For example, there is no evidence that Wayman’s            
          printing apparatus suffers from overheating, such that the                  
          artisan would have added more thermally conductive material to              
          the fuser to dissipate heat therefrom at a faster rate.                     
               However, even if there were some given motivation or                   
          suggestion to add thermally conductive material to the fuser 52,            
          the added thermally conductive materials would most likely have             
          been added to layer 66, which Wayman discloses as containing                
          thermally conductive materials, not to layer 64 which does not              
          contain such material.                                                      
               Lastly, it is evident from Wayman’s disclosure (column 8,              
          lines 8-17) with respect to Figure 3 that the amount of heat                
          generated by the printing apparatus is directly dependent on the            


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