Ex parte SASAKI et al. - Page 11




          Appeal No. 96-3392                                                          
          Application 08/121,512                                                      

          out of contact with the photosensitive drum (Br11) and that                 
          Kurokawa does not "disclose or suggest the developing unit of               
          a one-component developer wherein no mechanism to move the                  
          developing means is required" (Br12).  These arguments imply                
          that a characteristic feature of two-component developers is                
          that they move into and out of position and, therefore, the                 
          developer in Kurokawa is not positioned at a fixed location                 
          during developing and non-developing operations.  These                     
          arguments are unpersuasive.                                                 
               There is no absolutely no indication that the developing               
          unit 18 in the prior art in Kurokawa (figure 1) or the                      
          developing unit 38 in the invention of Kurokawa (e.g.,                      
          figures 5 or 8) moves into and out of position.  The                        
          developing sleeve 38b of the developing unit 38 is not in                   
          contact the surface of the drum, but this is the way this                   
          developer works as described in Yokoyama; the sleeve is not a               
          roller and does not move into and out of contact.  Kurokawa                 
          discloses that a developing roller is an alternative to a                   
          developing sleeve (col. 1, lines 20-22).  The reason for the                
          prior art moving the developer into and out of contact with                 
          the drum, as described by appellants, is to avoid depositing                

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