Ex parte COMPTON - Page 5




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


          the "heating amount calculating section" (12) depicted by                   
          Sasaki in Fig. 8 (and described in columns 6 and 7), and the                
          pulse number converting section (29) "perform the broadly                   
          recited function of determining the energy applied to the                   
          print elements as found in claim 1."  As we have noted above,               
          each of the independent claims on appeal (including claim 1)                
          require that the energy applied to the resistance elements                  
          during successive drive pulses be determined or measured.  The              
          "heating amount calculating section" (12) depicted by Sasaki                
          in Fig. 8 (and described in columns 6 and 7), however,                      
          performs no such function as the examiner apparently believes.              
          That is, in column 6, lines 60-62, Sasaki states (with respect              
          to the embodiment of Fig. 8) that the "heating amount                       
          calculating section 12 have constructions similar to those in               
          the above-mentioned embodiment."  This "heat amount                         
          calculating section" 12 is in more detail described in the                  
          following manner:                                                           

                    Heating amount calculating section 12 is                          
                    composed of a heating element (or heating                         
                    resistor) number calculating section and                          
                    calculates the number of operated heating                         
                    elements at each gradation level on the                           

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