Ex parte COMPTON - Page 4




          Appeal No. 96-3102                                                          
          Application 08/322,971                                                      


          successive drive pulses be determined or measured.  The                     
          examiner recognizes that the European patent application does               
          not teach such an arrangement and relies on Sasaki to overcome              
          this deficiency.  According to the examiner:                                


                    The secondary reference to Sasaki is also                         
                    concerned with calculating and determining                        
                    an appropriate amount of energy to apply to                       
                    a thermal print element.  Sasaki is added                         
                    for completeness to explicitly shown [sic,                        
                    show] an energy or heating determining                            
                    means (see figures 1, 2, 4 and 8) as                              
                    claimed.  As shown in figure 8 and                                
                    described in columns 6-7, Sasaki employs a                        
                    "heating amount calculating section" (12)                         
                    and a "pulse number converting section"                           
                    (29) that perform the broadly recited                             
                    function of determining the energy applied                        
                    to the print elements as found in claim 1.                        
                    Therefore given that both the primary and                         
                    secondary references are concerned with                           
                    thermal print pulse compensation as is                            
                    conventional, it would have been obvious to                       
                    one of ordinary skill in the art to modify                        
                    '507 [the European patent application] with                       
                    the energy determining means of Sasaki so                         
                    that energy levels may be determined with a                       
                    simple circuit and a detailed table of                            
                    values requiring substantial memory space                         
                    would be unnecessary.  [Answer, pages 4 and                       
                    5.]                                                               

               We will not support the examiner's position.  In                       
          particular, we cannot agree with the examiner's finding that                
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