Appeal No. 1998-0847
Application No. 08/483,762
the claims are separately argued by appellants. See 37 CFR §
1.192(c)(7)(1995). A copy of illustrative claims 1 and 13 is
attached as an Appendix to this decision.
The examiner has relied upon the following references as
evidence of obviousness:
Pai et al. (Pai) 4,297,425 Oct. 27, 1981
Oki et al. (Oki) 4,825,249 Apr. 25, 1989
Frankel et al. (Frankel) 5,117,264 May 26, 1992
Borsenberger et al. (Borsenberger), Organic Photoreceptors for
Imaging Systems, 6-17, 181-195 and 200-201, Marcel Dekker,
Inc., New York, 1993.
Claims 1-4, 6-10, 12-16 and 22 stand rejected under
35 U.S.C. § 103 as unpatentable over Pai in view of
Borsenberger and Oki or Frankel (Answer, page 4). We affirm 2
2The examiner incorrectly lists claims 17-20 as rejected claims and
omits previously rejected claim 22 in the stated rejection on page 4 of the
Answer. However, in view of the Advisory Action dated June 19, 1997, Paper
No. 17, listing claims 17-20 as allowed, appellants’ correct listing of the
claims allowed and rejected (Brief, page 1, part c), and the examiner’s
correct listing of the claims on page 2, part (7), of the Answer, we deem the
examiner’s error on page 4 of the Answer harmless. Accordingly, the claims in
the rejection before us are claims 1-4, 6-10, 12-16 and 22.
3
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