Appeal No. 1998-1020 Page 11
Application No. 08/381,423
and the counter pressure applying means being arranged between
two printing units (1 and 3).
2. Whether claims 2, 6, 21 and 24 are unpatentable under 35
U.S.C. § 102(e) or 103 over the Iijima patent, either alone or
in combination with other prior art.
The Iijima patent discloses in claims 1 through 13
therein that the first and second wave forming means (or first
and second plurality of ejectors) are located in
"substantially the same position in a longitudinal direction
of the paper web." As this claim language is explicitly
broader than "the same position in a longitudinal direction of
the paper web," the examiner should consider whether this
teaches or suggests locating the first and second wave forming
means in different positions in the longitudinal direction
(the web travel direction).
3. Whether claims 2, 6, 21 and 24 should be rejected under
the judicially created doctrine of double patenting as being
unpatentable over any of claims 1-13 of the Iijima patent,
either alone or in view of other prior art.8
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c)8
(continued...)
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