Ex Parte TSUBUKO et al - Page 2


         Appeal No. 2001-1568                                                       
         Application 09/099,078                                                     

              (b)  treating a toner image-bearing surface with a squeezing          
         member to squeeze said liquid developer layer therefrom; then              
              (c)  treating said toner image-bearing surface with a                 
         voltage impressing member to impart a bias voltage to said-toner           
         image; then                                                                
              (d)  transferring said toner image from said surface to an            
         intermediate transfer medium; and then                                     
              (e)  transferring said transferred toner image from said              
         intermediate transfer medium to a transfer medium.                         
              The references relied upon by the examiner as evidence of             
         obviousness are:                                                           
         Thompson                     5,300,990           Apr. 5, 1994             
         Yoshino et al. (Yoshino)      5,666,616           Sep. 9, 1997             
         Kusaba et al. (Kusaba)        5,715,510           Feb. 3, 1998             
              Claims 1-8 stand rejected under 35 U.S.C. § 103(a) as being           
         unpatentable over Yoshino in view of Kusaba.                               
              Claims 9 and 10 stand rejected under 35 U.S.C. § 103(a) as            
         being unpatentable over Yoshino in view of Kusaba, and further in          
         view of Thompson.                                                          
              For the reasons set forth in the brief, reply brief, and              
         below, we will reverse each of the above-noted rejections.                 
                                      OPINION                                       
              We go directly to the rebuttal evidence provided by                   
         appellants because we find the evidence rebuts a prima facie case          
         of obviousness, for the following reasons even if one were to              
         have been established.                                                     

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