Ex Parte MOYNIHAN et al - Page 8




              Appeal No. 2002-2184                                                                                      
              Application No. 08/406,297                                                                                


              passages in the surface of the manifold plate affixed to the surface of the orifice plate.                
              (See brief at page 38.)  We agree with appellants.  Appellants argue that the ink supply                  
              paths 32 in Figure 2 appear to be formed in the surface of the plate that is affixed to the               
              orifice plate, but none of those passages communicate with any of the orifices in the                     
              orifice plate as required by claim 67.  (See brief at page 38.)  We agree with appellants.                
                     The examiner maintains at page 4 of the answer that the array of passages is                       
              item 32 which appellants address as discussed above.  In the response to arguments                        
              section of the answer, the examiner maintains that Yasuhara disclose pressure                             
              chambers formed in a first surface and a corresponding array of passageways leading                       
              from the pressure chamber to a second surface of the pressure chamber plate.  The                         
              examiner appears to maintain that the pressure chambers and ink passages of item 32                       
              extend throughout the entire plate and thereby meets the language of claim 67.   Here,                    
              the examiner appears to changes the interpretation of the teachings of Yasuhara from                      
              that set forth in the statement of the rejection.  We disagree with the examiner’s                        
              interpretation/application of Yasuhara.  The examiner essentially maintains that the                      
              passageways 32 (or 38) go through the manifold plate and that their cross section in the                  
              surface of the manifold plate would meet the language of claim 67.  First the language                    
              of claim 67 requires that there be passages through the manifold plate and passages in                    





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