Ex parte KITAHARA et al. - Page 8




                 Appeal No. 96-2881                                                                                                                     
                 Application No. 08/013,646                                                                                                             


                          staggered arrangement of nozzle openings taught by                                                                            
                          Mineta to include a staggered arrangement of the                                                                              
                          rows of nozzle openings in the auxiliary scanning                                                                             
                          direction such that the order of rows of nozzle                                                                               
                          openings during printing is different from the                                                                                
                          physically arranged order, as suggested by Lee et                                                                             
                          al.   3                                                                                                                       
                 We cite this statement to show that Appellants understand the                                                                          
                 claimed elements are taught, but in different references.  The                                                                         
                 Examiner’s rejection combines Mineta with Usui "for the                                                                                
                 purpose of higher accuracy in printing."  "It should be too                                                                            
                 well settled now to require citation or discussion that the                                                                            
                 test for combining references in not what the individual                                                                               
                 references themselves suggest but rather what the combination                                                                          
                 of disclosures taken as a whole would suggest to one of                                                                                
                 ordinary skill in the art."  In re McLaughlin, 443 F.2d 1392,                                                                          
                 170 USPQ 209 (CCPA 1971).  We agree with the Examiner as to                                                                            
                 the obviousness of combining Usui and Mineta for higher                                                                                
                 accuracy in printing.                                                                                                                  
                                   Although both the Appellants and the Examiner                                                                        
                 mention the Lee et al. reference, both agree that Lee et al.                                                                           
                 is not part of the rejection.  Furthermore, our reviewing                                                                              
                 court has stated that where a reference is relied on to                                                                                

                          3Lee et al., 4,475,113, Oct. 2, 1984.                                                                                         
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