Ex Parte Askeland et al - Page 10

               Appeal 2007-0960                                                                             
               Application 10/066,529                                                                       
                                                                                                           
               history.  For the reasons previously discussed, however, we find Smith                       
               amply discloses these limitations.  The rejection is therefore sustained.                    

                                        CONCLUSIONS OF LAW                                                  
                      On the record before us, Appellants have not established that the                     
               Examiner erred in finding that Smith estimates an actual temperature of the                  
               printhead assembly based on (1) a measured or current operating                              
               temperature of the printhead assembly; (2) a thermal response model of the                   
               printhead assembly; and (3) an ejection history of the ejection elements as                  
               claimed.                                                                                     
                      Moreover, Appellants have not rebutted the Examiner’s prima facie                     
               case of obviousness for claims 4-11, 21, 22, 25, 28, 30, and 32.                             

                                                DECISION                                                    
                      We have sustained the Examiner's rejections with respect to all claims                
               on appeal.  Therefore, the Examiner’s decision rejecting claims 3-11, 21, 22,                
               24, 25, 27, 28, and 30-32 is affirmed.                                                       
                      No time period for taking any subsequent action in connection with                    
               this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                               











                                                    10                                                      

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: September 9, 2013