Appeal No. 96-3746
Application 08/236,007
When the long term ink level is detected as
greater than the set-point ink level...the
time duration of an ink feed cycle necessary
for filling the ink level to the preset ink
level so as to obtain the first signal is
calculated, ink feed cycle is initiated and
the ink supply control valve is opened.
[Examiner’s Answer pages 4-5]
Barney does not calculate the ink feed cycle necessary for
filling the ink level. Rather, Barney calculates or choose an
ink cycle, which is the sum of the on time of the control valve
and the off time of the control valve so as to allow the ink
level to seek a new level. The control valve cycles on and off
until repeated measurements of the ink level indicates that the
feed cycles should be terminated.
The examiner has stated that Barney is capable of
carrying out the broadly recited algorithm functions recited in
the present claims. However, the examiner has no factual basis
for this conclusion.
In view of the foregoing, we will reverse the
examiner’s rejection of claims 1-6, 9-28 and 30-33 under 35
U.S.C. § 103 as being unpatentable over Barney.
We have reviewed the disclosure of Maeno but find
nothing therein to remedy the deficiencies of Barney. Therefore,
we will also reverse the examiner’s rejection of claim 29.
The decision of the examiner is reversed.
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Last modified: November 3, 2007