Ex parte HARSHBARGER et al. - Page 3




          Appeal No. 97-2943                                                          
          Application No. 08/319,174                                                  

               Claims 1 through 8 stand rejected under 35 U.S.C. § 103                
          as unpatentable over Kimura in view of Nozawa and Takahashi.                
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        


                                       OPINION                                        
               We affirm.                                                             
               The examiner contends that, with regard to claims 1                    
          through 3 and 8, Kimura teaches the claimed subject matter but              
          for the nozzles being elevated in the vertical position above               
          the ink.  The examiner relies on Nozawa for the teaching of                 
          providing a suction tube, as in instant claims 2 and 8, and                 
          Takahashi is relied on for the teaching of placing nozzle                   
          openings in an upward direction.  The examiner reasons that it              
          would have been obvious to combine these teachings so as to                 
          rotate the printhead of Kimura to an upright position, as                   
          taught by Takahashi, “in order to allow bubbles...[to] have a               
          direct path to exit the nozzles.”  The examiner further                     
          reasons that it would have been obvious to apply suction to an              
          area directly adjacent the nozzles, as taught by Nozawa, “in                
          order to prevent soiling of the interior of the ink jet                     

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