Ex parte ACQUAVIVA et al. - Page 6




          Appeal No. 1997-1425                                                        
          Application No. 08/520,228                                                  


          circumstances is not sufficient."  Id. at 1269, 20 USPQ2d at                
          1749 (quoting In re Oelrich, 666 F.2d 578, 581, 212 USPQ 323,               
          326 (CCPA 1981)).                                                           
               Since Appellants and the Examiner agree that Oshida does               
          not disclose thickness and/or roughness detectors, we have                  
          thoroughly reviewed Oshida for an inherent teaching of such.                
          Looking at the abstract, under PURPOSE, we discern that clear               
          transferring (i.e., printing) requires a proper transfer                    
          pressure which can be affected by differences in material such              
          as thickness and roughness of paper.  Under CONSTITUTION in                 
          the abstract we read that an angular detection encoder varies               
          the transfer pressure.  “As a result, the transfer pressure                 
          can be variably adjusted in accordance with the kinds of                    
          material to be transferred... resulting in allowing to perform              
          clear transferring by proper transfer pressure.”  At page 6 of              
          the translation Oshida states “The transfer pressure can be                 
          adjusted by the pressure given to the coil spring which is                  
          operated based on the signal count per minute generated by the              
          detected angle encoder.”  And at page 9 of the translation it               
          states “Therefore, a clear image can be obtained at a specific              


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