Ex parte ASLAM et al. - Page 3




          Appeal No. 96-0116                                                          
          Application No. 08/088,012                                                  


          Color Prints with Uniform Gloss, Xerox Disclosure Journal,                  
          Vol. 16, No. 1 (January/February 1991).                                     
               Claims 1, 4-6 and 10-14 are rejected under 35 U.S.C. §                 
          103 as being unpatentable over Ng and Aslam ‘038 in view of                 
          Aslam ‘426, and the remaining claims on appeal are similarly                
          rejected over various combinations of these references and the              
          other references listed above.                                              
               The examiner’s rejections on this appeal cannot be                     
          sustained.                                                                  
               The dispositive issue before us is framed by the                       
          examiner’s exposition and conclusion of obviousness expressed               
          on page 4 of the Answer which reads as follows:                             

                    Ng and Aslam et al. (‘038) discloses [sic] the                    
               claimed invention except for teaching an overlay image on              
               top of the underlay image in which the overlay toner is                
               non-adhesive to the fuser at the release temperature                   
               which affects the release temperature of the fuser.                    
                    Aslam et al. (‘426) teaches that it is known to                   
               separate the contact fusing and fusing member which makes              
               it possible to use a fusing temperature which is                       
               sufficient to cause the toner particles and the polymer                
               layer on the support to form a fused color toner image                 
               that is adhesively adhered to the support and the fused                
               image and polymer layer can then be separated from the                 
               fusing member after cooling when they do not offset onto               
               the fusing member as set forth at col 3, lines 35-46; col              
               4, lines 10-27, col 6-7.                                               

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