Ex parte ITO - Page 4




          Appeal No. 2000-1347                                                        
          Application No. 08/740,283                                                  


          rejections.                                                                 
                                     DISCUSSION                                       
          I. Claim 8                                                                  
               In the final rejection (Paper No. 11), the examiner also               
          (1) rejected claims 1 through 8 under 35 U.S.C.  102(b) as                 
          being anticipated by Japanese patent document 4-305679 and (2)              
          applied the Japanese reference as an alternative to Kogure in               
          the 35 U.S.C.  103(a) rejection of claims 9 through 16.                    
          Inasmuch as the examiner’s answer does not restate either of                
          the rejections based on the Japanese reference, both are                    
          assumed to have been withdrawn by the examiner sua sponte (see              
          Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957)).  As a                     
          result, claim 8 has no rejection outstanding thereagainst.                  


          II. The 35 U.S.C.  102(b) rejection of claims 1 through 7 as               
          being anticipated by Kogure                                                 
               Kogure discloses a thermal roller 1 for fixing toner                   
          images on recording sheets.  The Figure 10 embodiment relied                
          upon by the examiner comprises a support cylinder having end                
          shafts 1B rotatably supported by heat-insulating bushings 5                 
          and heat-resistant bearings 6.  The thermal components of the               
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