Ex parte GARAND et al. - Page 2




               Appeal No. 95-2944                                                                                                  
               Application No. 07/986,771                                                                                          


                       The subject matter on appeal relates to a system for marking                                                
               a continuous substrate which includes an elongate heater disposed                                                   
               within an elongate housing and an outlet tube disposed proximate                                                    
               to the elongate heater and substantially parallel to the elongate                                                   
               heater within the elongate housing, wherein a significant portion                                                   
               of gas directed through a gas inlet into the outlet tube is                                                         
               heated by the elongate heater while being conducted through the                                                     
               outlet tube and is then discharged from the outlet tube toward                                                      
               the continuous substrate in the housing.  This appealed subject                                                     
               matter is adequately illustrated by independent claim 13 , a copy                     2                             
               of which taken from the appellants’ Specification is appended to                                                    
               this decision.                                                                                                      
                       The following references are relied upon by the examiner as                                                 
               evidence of obviousness:                                                                                            
               Stelling, Jr. (Stelling)                      3,074,179                      Jan. 22, 1963                          
               Rünkel et al. (Rünkel)                        4,565,524                      Jan. 21, 1986                          
               Fleissner                                     4,674,197                      Jun. 23, 1987                          
               Baxter et al. (Baxter)                        4,708,887                      Nov. 24, 1987                          


                       Claims 13 through 20 stand rejected under 35 U.S.C. § 103 as                                                
               being unpatentable over Baxter in view of Fleissner and Stelling,                                                   


                       2On lines 4 and 5 from the bottom of claim 13, the phrase                                                   
               “the aqueous-based ink” lacks strict antecedent basis and should                                                    
               read, for example, --an aqueous-based ink--.                                                                        
                                                                2                                                                  





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