Ex parte ZWIJSEN - Page 5




          Appeal No. 1997-0693                                                        
          Application 08/226,684                                                      



          elements.  The Figure 5 embodiment is located only on the                   
          single edge utilizing what appears to be only a single light                
          source/detector arrangement.  Additionally, there is no                     
          indication in any of these embodiments of figures that any                  
          light source illuminates a dye frame, per se, such that light               
          passes through it for a detector to sense light of any kind.                
          Thus, for these reasons we must reverse the rejection of                    
          independent claim 1 and its respective dependent claims under               
          35 U.S.C. § 102 and 35 U.S.C. § 103.                                        
               Additionally, part of the reasoning advanced by the                    
          examiner urging that Shinma anticipates independent claim 1                 
          relates to Shinma's prior art Figure 2.  In accordance with                 
          the discussion at the bottom of column 1 through the major                  
          portion of column 2 of Shinma relating to both prior art                    
          Figures 2 and 3 of this reference, on the one hand, while                   
          there are three light source/photo detector arrangements                    
          disclosed in Figure 2, they are stated at lines 20 through 22               
          to be “arranged in juxtaposed relationship along a widthwise                
          direction of the ink donor sheet 11.”  According to the                     
          showing in Figure 3 and this teaching, it would thus appear                 

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