Ex parte DIETL et al. - Page 3




              Appeal No. 96-3340                                                                                         
              Application 08/363,087                                                                                     


                     1.  A system for supplying liquid ink to an ink-jet printing apparatus, comprising:                 
                            a housing defining a chamber having a ventilation port and an outlet                         
                            port;                                                                                        
                            a medium occupying a portion of the chamber, the medium having a                             
                            capillary force associated therewith for retaining a quantity of liquid                      
                            ink;                                                                                         
                            a scavenger member of a predetermined volume disposed across                                 
                            the outlet port, providing a capillary force greater than the capillary                      
                            force of the medium; and                                                                     
                            a free space defined within the housing adjacent a surface of the                            
                            scavenger member, wherein ink is flowable between the scavenger                              
                            member and the free space, the free space being of a volume not                              
                            less than the volume of the scavenger member.                                                
                     The prior art references of record relied upon by the Examiner in rejecting the                     
              appealed claims are:                                                                                       
                     Baker et al. (Baker)               4,771,295             Sep. 13, 1988                              
                     Kashimura et al. (Kashimura)       5,182,581             Jan. 26, 1993                              
              (effective filing date Jul.  26, 1989)                                                                     
                     Koitabashi et al.  (Koitabashi)    5,216,450             Jun. 01, 1993                              
                                                                (filed Oct. 24, 1990)                                    
                     Claims 1, 10, 12, 13, 18 and 19 stand rejected under 35 U.S.C. § 103 as being                       
              unpatentable over Baker in view of Kashimura.                                                              
                     Claim 11 stands rejected under 35 USC § 103 as being unpatentable over Baker in                     


              open space as a ready supply of liquid ink for the scavenger member to reduce the back pressure.  We       
              make no findings as to the implicit disclosure from the original figures.  We note that the material was   
              introduced in a preliminary amendment filed with a Rule 60 continuation, a rejection was made by the       
              Examiner and withdrawn after response thereto.                                                             
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