Ex parte BENEDICT - Page 11




          Appeal No. 97-2904                                                          
          Application 08/565,457                                                      


          of sensing means for sensing the advancement of the sheet in                
          view of the description in column 6, lines 19-25, where it is               
          stated that the controller 136 provides the programmed                      
          operating sequence “in response to machine operator inputs and              
          to sensing of various functions” as is known in the art. In                 
          any event, Horikawa suggests the common practice of utilizing               
          sensors to sense the advancement of a sheet for supplying                   
          inputs to a controller in a reproducing machine.                            


               For the forgoing reasons, we are satisfied that the                    
          subject matter of claim 2 would have been obvious in view of                
          the combined teachings of Dragstedt and Horikawa, if not                    
          anticipated by Dragstedt alone. We will therefore sustain the               
          § 103 rejection of claim 2. We will also sustain the § 103                  
          rejection of claims 4 through 7 since these claims have not                 
          been argued separately of claim 2. See In re Nielson, 816 F.2d              
          1567, 1571, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987) and In re                  
          Burckel, 592 F.2d 1175, 1178-79, 201 USPQ 67, 70 (CCPA 1979).               


                 We cannot, however, sustain the § 103 rejection of                   
          claims 8, 9 and 11 through 14. Unlike claims 1, 2 and 4                     
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