Appeal No. 1998-0688
Application 08/274,158
27 under 35 U.S.C. § 103 over Hosaka and different
combinations of Miyamoto, Sato, and Tanaka.
Turning to the rejection of claims 1, 4, 6 through 9, and
20 under 35 U.S.C. § 103 over Nezu, Yuse ‘265, and Yuse ‘266,
and the rejection of claims 10 through 12, 15, 17 through 19,
and 21 under 35 U.S.C. § 103 over Nezu, Yuse ‘265, Yuse ‘266,
and Sato, Appellant on pages 14 through 16 of the brief argues
that the document cover surface of Nezu has low reflectivity
only in response to specific wavelengths. Appellant further
points out that the grey surface of the document cover as
disclosed by Yuse ‘265 and Yuse ‘266 does not inherently have
a reflectance of between 1.5% and 20%.
The Examiner on page 17 of the answer responds to
Appellant’s arguments by asserting that the grey cover of Yuse
‘265 and Yuse ‘266 falls within the claimed range of
reflectivity. The Examiner further states that since the
document cover surface as recited in Appellant’s claim 1 is
grey, it has the same reflectivity of the grey surface of the
prior art.
We note that both independent claims 1 and 10 recite a
“document covering means having a substantially achromatic
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