Appeal No. 96-2061
Application No. 08/152,080
general and Arai in particular contain no teaching or
suggestion of modifying the method of Fuchs whereby the
intensity of the infrared radiation is controlled in the
manner required by independent claim 12.
According to the examiner, “[i]t would have been obvious
to one having ordinary skill in the art to have applied
different amounts of infrared radiation to the different
colors in the design [of the Fuchs method] to compensate for
the different print characteristics of different colored dyes
because Arai teaches that is known to vary the time duration
of the heat applied as a function of the dye color to
compensate for the different print characteristics of
different colors” (office action mailed June 21, 1994 (Paper
No. 17), page 4). From our perspective, however, the
examiner’s obviousness conclusion is not adequately supported
by the Arai reference.
While the examiner is correct that Arai teaches varying
the time duration of heat application, this teaching alone
would not have suggested modifying Fuchs’ step of applying
infrared radiation by controlling the intensity of the
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