Ex parte TAN - Page 2




          Appeal No. 98-2743                                         Page 2           
          Application No. 08/504,100                                                  


               We REVERSE.                                                            
               The appellant's invention pertains to a porous inking                  
          member for impact printers.  Independent claim 19 is further                
          illustrative of the appealed subject matter and a copy thereof              
          may be found as an attachment to the brief under the heading of             
          "CLAIMS ON APPEAL."                                                         
               The references relied on by the examiner are:                          
          Muller                   4,410,643                     Oct. 18,             
          1983                                                                        
          Sonobe et al.            5,099,759                     Mar. 31,             
          1992                                                                        
          (Sonobe)                                                                    
          The appellant's admitted prior art depicted in Fig. 2 and                   
          described on pages 1, 2 and 6-9 of the specification (AAPA).                
               The claims on appeal stand rejected under 35 U.S.C. §                  
          103(a) in the following manner:                                             
               (1) Claims 19-23 as being unpatentable over AAPA in view               
          of Sonobe and Muller; and                                                   
               (2) Claims 19-23 as being unpatentable over AAPA in view               
          of Sonobe.                                                                  
               With respect to Rejection (2) the answer states that:                  
               AAPA teaches the invention except for the porous ink                   
               member containing a peptizer.  Muller teaches adding                   
               peptizer during the mixing process in order to aide                    
               [sic, aid] in the process of masticating the rubber                    







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