Ex parte BUSCHULTE - Page 3




                     Appeal No. 96-3101                                                                                                                                                
                     Application 08/020,570                                                                                                                                            


                     European Patent Application                               220 367 048                                       Oct. 21, 1989                                         




                                Appealed claims 1 through 30 stand rejected under 35                                                                                                   
                     U.S.C. § 103 as being unpatentable over the cited European                                                                                                        
                     patent document. The examiner’s main position is that the                                                                                                         
                     threshold value switch recited in claim 1 does not distinguish                                                                                                    
                     from the transistor 16 in each of the image point addressing                                                                                                      
                     circuits in the European patent document (see pages 4 and 5 of                                                                                                    
                     the answer). In particular, the examiner has made the                                                                                                             
                     following findings with regard to this reference:                                                                                                                 


                                           European patent 367 048 contains a circuit                                                                                                  
                                           similar to applicant’s for controlling                                                                                                      
                                           activated regions of a print form. As shown                                                                                                 
                                           in figure 2, each region of the surface                                                                                                     
                                           matrix is addressable by specific voltage                                                                                                   
                                           applications to the appropriate transistor.                                                                                                 
                                           The transistors act as switches to each                                                                                                     
                                           point on the matrix while the capacitors                                                                                                    
                                           are used to store a charge that indicates                                                                                                   
                                           that the given point is activated. All                                                                                                      
                                           points that are ?activated? will attract and                                                                                                


                                2    According to the PTO translation branch, U.S. Patent No. 5,109,240 (copy                                                                          
                     attached), which has now been cited by the examiner on page 2 of his answer in this                                                                               
                     appeal, is the equivalent of this European patent document. Our understanding of the                                                                              
                     European patent document is based on Patent No. 5,109,240.                                                                                                        
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