Ex parte TAKEUCHI et al. - Page 7




               Appeal No. 1997-0947                                                                                               
               Application 08/385,926                                                                                             


               purposes of ink ejection and recording (Answer, pages 4 and 5).  We agree with appellants (Brief,                  

               page 10) that there would have been no motivation for one of ordinary skill in the art to make the                 

               diaphragms of P/E elements convex in shape in order to focus energy, and that to have done so would                

               have involved the use of hindsight.                                                                                







                      In view of the foregoing, the decisions of the examiner rejecting claims 1 to 7 under 35 U.S.C.             

               § 103 are reversed.                                                                                                

                                                          REVERSED                                                                





                                      JAMES D. THOMAS                               )                                             
                                      Administrative Patent Judge                   )                                             
                                                                                    )                                             
                                                                                    )                                             
                                                                                    )  BOARD OF PATENT                            
                                      MICHAEL R. FLEMING                            )                                             
                                      Administrative Patent Judge                   )       APPEALS AND                           
                                                                                    )                                             
                                                                                    )     INTERFERENCES                           
                                                                                    )                                             
                                      ERIC FRAHM                                    )                                             
                                      Administrative Patent Judge                   )                                             

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