Ex parte COMPTON - Page 6




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


                    basis of the level frequency counted by                           
                    level frequency counter 11.  [Column 3,                           
                    lines 62-67.]                                                     

          See also Fig. 4 and column 4, line 56 through column 5, line                
          16, of Sasaki.  As to the pulse number converting section                   
          (29), this section merely accumulates the pulse numbers                     
          calculated by the heating amount calculating section 12 (see                
          Sasaki, column 6, line 62 through column 7, line 7).                        




               From the above, it is readily apparent that the heat                   
          amount calculating section 12 of Sasaki simply calculates the               
          number of heating elements operated at each gradation level                 
          and the pulse number converting section 29 merely accumulates               
          the numbers calculated by the heat amount calculating section               
          12, and these sections do not measure or determine the energy               
          applied to the resistance elements during successive drive                  
          pulses.  This being the case, the examiner has not established              
          a prima facie case of obviousness with respect to the subject               
          matter defined by the claims on appeal.                                     
               The decision of the examiner to reject claims 1-3 and 5-               
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