Ex parte KITAZAWA et al. - Page 2




                 Appeal No. 2000-0290                                                                                     Page 2                        
                 Application No. 08/670,805                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a method for                                                                             
                 producing a fixation roll used in an electrophotographic                                                                               
                 apparatus.  A copy of the claims under appeal is set forth in                                                                          
                 the appendix to the appellants' brief.                                                                                                 


                          Claims 5, 10 and 11 stand rejected under 35 U.S.C. § 103                                                                      
                 as being unpatentable over Appellants Admitted Prior Art1                                                                              
                 (hereinafter referred to as AAPA).                                                                                                     


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellants regarding the above-noted                                                                           
                 rejection, we make reference to the non-final office action                                                                            
                 (Paper No. 16, mailed August 4, 1998) and the answer (Paper                                                                            
                 No. 22, mailed June 7, 1999) for the examiner's complete                                                                               
                 reasoning in support of the rejection, and to the brief (Paper                                                                         
                 No. 21, filed May 24, 1999) and reply brief (Paper No. 23,                                                                             



                          1Claim 10 (the only independent claim on appeal) is                                                                           
                 drafted as a Jepson type claim in which the preamble of the                                                                            
                 claim is an admission of prior art.  Note, In re Fout, 675                                                                             
                 F.2d 297, 213 USPQ 532 (CCPA 1982).                                                                                                    







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