Appeal No. 1998-0546
Application No. 08/560,507
The rejections are based on the following references:2
Murata 5,378,526 (U.S.) Jan. 3,
1995
Hasumi 3 S59-74082 (Japan) Apr. 26, 1984
Yoshikawa et al. (Yoshikawa) 61-163363 (Japan) Jul. 24,
1986
Schmidl and Lücker (Lücker) 4,412,206 (Germany)4 Aug. 31,
1995
Claim 1 stands rejected under § 103 for obviousness over
Yoshikawa in view of Hasumi and Murata.
Claim 7 stands rejected under § 103 for obviousness over
Yoshikawa in view of Hasumi, Murata, and Lücker.
D. The merits of the rejection of claim 1
Rather than using the prior-art plastic collection bottle
described in appellants' specification as the primary
reference, the examiner begins with Yoshikawa, whose Figure 3
shows a prior-art (as to Yoshikawa) non-conductive housing 11a
for collecting positively charged, unused toner particles
2Our understanding of the foreign references is
based on the English-language abstracts relied on by the
examiner and on the translations (copies attached) obtained by
the Patent and Trademark Office.
3Referred to by the examiner and appellants as "JP#
59-74082.
4Incorrectly identified in the English-language
abstract and by the examiner and appellants as "Luecke."
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