Ex parte ANTHONY B. CASTRO et al. - Page 6




                Appeal No. 96-2416                                                                                                            
                Application 08/206,447                                                                                                        


                modify Cruz-Uribe in view of Osaki and Debare in order to arrive                                                              
                at the subject matter of the claims.  Second, we do not believe                                                               
                that the pressure regulator 36 of Cruz-Uribe can be fairly                                                                    
                equated to appellants’ accumulator, notwithstanding that each may                                                             
                be located in the same general position in an ink jet ink supply                                                              
                system and that each may operate in some fashion to control an                                                                
                ink supply pump.  Appellants’ accumulator is for the purpose of                                                               
                providing a pressurized supply of ink to the printhead.  The                                                                  
                examiner’s view to the contrary notwithstanding, the pressure                                                                 
                transducer 36 to Cruz-Uribe is not for this purpose.  Further,                                                                
                appellants’ accumulator periodically operates the pump to                                                                     
                replenish the ink in the accumulator.  In contrast, Cruz-Uribe’s                                                              
                pressure transducer 36 monitors and regulates the operation of                                                                
                what appears to be a continuously operating pump.  Third, while                                                               
                the accumulator 22, 24 of Osaki and the appellants’ accumulator                                                               
                are structurally similar in several respects, in contrast to                                                                  
                appellants’ accumulator the accumulator of Osaki is not in any                                                                
                fashion operatively connected to the pump 10 to directly control                                                              
                its operation.  Fourth, assuming arguendo that Debare is                                                                      
                analogous prior art,  we are in accord with appellants that4                                                                                           


                         4We appreciate that appellants do not concede this point.                                                            
                See, for example, pages 16-17 of the main brief.                                                                              
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