Ex parte GUNDLACH et al. - Page 5




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


                    The Examiner reasons that Clark teaches most of the                 
          invention (noting Figure 5) with photoconductor portions                      
          (col. 4, lines 53-59) suggesting the use of a plurality of                    
          electrodes (supplemental answer-pages 3 and 4).  The Examiner                 
          states, “However, Clark does not disclose providing a                         
          transducer acoustically coupled to the container for focusing                 
          acoustic energy into the electrorheological ink,                              
          ...(supplemental answer-page 4).                                              
                    To provide the transducer, the Examiner indicates                   
          that Elrod discloses a transducer to provide acoustic energy                  
          to a container of ink to control ink spot size for the                        
          nozzleless ink container; and that it would have been obvious                 
          to combine Elrod with Clark (pages 4 and 5 of the supplemental                
          answer).                                                                      
                    Appellants have argued in their brief and reply                     
          brief that the Examiner has not addressed Appellants’                         
          arguments relating to hindsight reconstruction or motivating                  
          force for combining Clark and Elrod.  The Examiner responds by                
          citing Elrod                                                                  




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