Ex parte TAM et al. - Page 2




          Appeal No. 1997-1053                                                        
          Application No. 08/432,291                                                  


          to this decision.                                                           
               The examiner has relied upon the following reference as                
          evidence of obviousness:                                                    
          Tam et al. (Tam)              5,215,838          Jun. 1, 1993               
               Claims 1-32 stand rejected under 35 U.S.C. § 103 as                    
          unpatentable over Tam (Answer, page 3).  We reverse this                    
          rejection for reasons which follow.                                         
          OPINION                                                                     
               The examiner finds that Tam discloses the same migration               
          imaging member and imaging process as recited in the claimed                
          subject matter on appeal except that the uniform exposure of                
          the migration element is made through a filter of the same                  
          infrared pigment as used in the migration element (Answer,                  
          page 3, citing Example 1 of Tam).  The examiner states that                 
          use of such a filter in the Tam process would have been                     
          suggested based on the following facts: (1) the use of filters              
          in photography and electrophotography is well known in order                
          to allow certain wavelengths of light to pass while filtering               
          out other wavelengths of light; (2) Tam, at col. 21, l. 58-                 
          col. 22,                                                                    


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