Ex parte GUNDLACH et al. - Page 3




                     Appeal No.  1997-0758                                                                                                                                             
                     Application No. 08/140,658                                                                                                                                        





                                           Representative independent claim 19 is reproduced as                                                                                        
                     follows:                                                                                                                                                          
                                           19. A method of controlling droplet ejection from an                                                                                        
                     electrorheological fluid comprising the steps of:                                                                                                                 
                                                     radiating acoustic energy through the                                                                                             
                     electrorheological fluid such that droplets of said                                                                                                               
                     electrorheological fluid are ejected when a lower electric                                                                                                        
                     field is applied through the fluid; and                                                                                                                           
                                                     selectively applying a higher electric field to                                                                                   
                     the electrorheological fluid so that the viscosity of the                                                                                                         
                     electrorheological fluid increases sufficiently to inhibit                                                                                                        
                     ejection.                                                                                                                                                         
                                           The Examiner relies on the following references:                                                                                            
                     Clark                                                 4,014,693                                             Mar. 29, 1977                                         
                     Elrod et al. (Elrod)                                  4,751,530                                             Jun. 14, 1988                                         

                                           Claims 1 through 19 stand rejected under 35 U.S.C.                                                                                          
                     § 103 as being unpatentable over Clark in view of Elrod .                                                             2                                           




                                2 This is a new ground of rejection presented in the                                                                                                   
                     Examiner’s Answer, paper no. 10.  This rejection uses the same                                                                                                    
                     references as the final rejection, paper no. 4, but reverses                                                                                                      
                     the order (from Elrod in view of Clark to Clark in view of                                                                                                        
                     Elrod) and the reasoning.                                                                                                                                         

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