Appeal No. 1997-0693
Application 08/226,684
Appellant presents the same brief argument in the brief
at page 7 and reply brief at page 2 as to this rejection by
arguing that Sparer “discloses detection areas in a margin of
the dye frames (extreme edge), whereas claim 8 requires that
the detection areas exist in a margin of the dye donor
element.” This argument mischaracterizes the actual teaching
of Figure 3a shown in Sparer relied upon by the examiner as
well as the language in question of claim 8 on appeal. This
claim is directed to the dye donor element per se. It is
apparent from an inspection of Figure 3a that dye frames for
the colors yellow, magenta and cyan are shown and arranged
along carrier 14. There are also at least two repetitive
detection areas claimed in the form of the cyan dye patch
color disposed in the margin, that is, on either side of the
carrier 14 in the interframe 14a between the colored dye
frames. Therefore, for purposes of claim 8 on appeal, it is
apparent that the colored marking areas are located in the
margin of the carrier 14, which is analogous to the claimed
dye donor element. This claim does not recite that the
claimed detection areas be located along side of the dye
7
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