Ex Parte Tanimoto et al - Page 2



          Appeal No. 2004-0406                                                        
          Application No. 10/050,173                                 Page 2           

          understanding of the invention can be derived from a reading of             
          exemplary claim 6, which is reproduced below.                               
                    6. A developing device comprising a developer                     
               carrying member rotatable in a direction against                       
               gravity at a contacting point with or a point closest                  
               to a photosensitive member adapted to have an                          
               electrostatic latent image carried thereon, and a cover                
               for sealing a developer to be conveyed by the developer                
               carrying member in the cover, the developer carrying                   
               member carrying and conveying the developer stored                     
               therein to develop the electrostatic latent image on                   
               the photosensitive member; and further comprising at                   
               least a clearance regulating member provided so as to                  
               be free from contact with a surface of the developer                   
               carrying member, the clearance regulating member                       
               regulating a clearance for an upper side of the                        
               developer carrying member; wherein the clearance                       
               between the developer carrying member and the clearance                
               regulating member is determined at a size not greater                  
               than a maximum height of the developer projected from                  
               the surface of the developer carrying member.                          
               The sole prior art reference of record relied upon by the              
          examiner in rejecting the appealed claims is:                               
          Takeda et al. (Takeda)        5,327,339           Jul. 05, 1994             
               Claims 1-7 stand rejected under 35 U.S.C. § 102(b) as being            
          anticipated by Takeda.                                                      
               We refer to the brief and to the answer for a complete                 
          exposition of the opposing viewpoints expressed by appellants and           
          the examiner concerning the issues before us on this appeal.                







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