Ex parte ITO - Page 9




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


          member neighboring the carrier is 1 mm or more, a sum (L1+L2)               
          of the width L1 of the insulating member and the height L2 of               
          the insulating member is 2.5 mm or more, and the distance L3                
          and the width L1 satisfy a relationship of L3>L1.                           
               For the reasons discussed supra, the examiner’s reliance               
          on Kogure to meet these limitations is unsound.  Moreover, the              
          above noted unreliability of Kogure’s drawings forestalls any               
          conclusion that Kogure would have suggested a fixing device                 
          meeting these limitations.  Watanabe, cited by the examiner                 
          for its disclosure of a heating roller having thermal elements              
          on an inner surface thereof, does not cure these deficiencies.              
               Therefore, we shall not sustain the standing 35 U.S.C.                 
           103(a) rejection of claim 9, or of claims 10 through 16                   
          which depend therefrom, as being unpatentable over Kogure in                
          view of Watanabe.                                                           
          IV. Additional matters for consideration by the examiner                    
               Upon return of this application file to the technology                 
          center, the examiner should consider whether the lack of                    
          proper antecedent basis for the terms “said carrier” (claims                
          1, 3, 9, 11, 23 and 25), “said current receiver member”                     
          (claims 1, 3, 9, 11, 23 and 25), “said insulating member”                   
                                          9                                           





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