Ex parte BYRNE et al. - Page 6




                 Appeal No. 1998-2159                                                                                     Page 6                        
                 Application No. 08/539,892                                                                                                             


                 Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,                                                                             
                 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied, 469                                                                         
                 U.S. 851 (1984).  In our view, the combined teachings  of the                                  2                                       
                 applied prior art would not have utilized Schantz's resistors                                                                          
                 that act to vaporize ink to create the melting heat taught by                                                                          
                 Takatsu but instead would have provided separate heating units                                                                         
                 (such as the nichrome wire taught by Takatsu) to effect the                                                                            
                 melting to bond/cement the portions of Schantz's printhead                                                                             
                 together.  It follows that we cannot sustain the examiner's                                                                            
                 rejection of claims 1-4.                                                                                                               


                                                                   CONCLUSION                                                                           











                          2The test for obviousness is what the combined teachings                                                                      
                 of the references would have suggested to one of ordinary                                                                              
                 skill in the art.  See In re Young, 927 F.2d 588, 591, 18                                                                              
                 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d                                                                          
                 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                                                                               







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