Appeal Number: 2007-0385
Application Number: 10/375,067
complying with the burden of presenting a prima facie case of obviousness. Note
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). If
that burden is met, the burden then shifts to the applicant to overcome the prima
facie case with argument and/or evidence. Obviousness is then determined on the
basis of the evidence as a whole and the relative persuasiveness of the arguments.
See Id.; In re Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir. 1986);
In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); and In
re Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).
The examiner's position (Answer 3) is that Sugiyama does not disclose a
sheet detecting unit that uses a reference timer to set values for making a jamming
judgment. To overcome this deficiency of Sugiyama, the examiner turns to
Sakamaki (id.) for a teaching of an image forming apparatus in which a sheet
detecting unit uses sheet feeding reference timer values to make jamming
judgments for the purpose of stopping the image forming apparatus when a jam
occurs (see abstract). The Examiner adds (id.), that [i]t would have been obvious
for a person of ordinary skill in the art at the time of the applicant's invention to
modify Sugiyama by utilizing a sheet detecting unit that uses sheet feeding
reference timer values to make jamming judgments for the purpose of stopping the
image forming apparatus when a jam occurs.
Appellant asserts (Br. 8) that Sugiyama does not disclose an image forming
apparatus having a sheet detecting unit and a control unit which performs control
so as to make a set value for a reference timer for a jamming judgment different
from a set value for an ordinary sheet, as recited in claim 1. It is argued that the
paper feeding intervals of Sugiyama are not for jam detection. It is further asserted
(Br. 9) that in Sakamaki the jamming judgment is based on comparison of a
reference time interval with an actual time interval, and (id.) that Sakamaki does
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Last modified: November 3, 2007