Ex parte GRANDE et al. - Page 7




          Appeal No. 1999-0427                                                        
          Application 08/782,272                                                      


          been found to be acceptable in tests for practicing the                     
          invention [page 7].  As noted by the examiner in the prior art              
          rejection, the specification does not assign any criticality                
          to these disclosed ranges.  In fact, it appears to us that the              
          most critical dimension of the print head is the space between              
          the adjacent channels so that they do not interfere with each               
          other.  The length of the microchannel would appear to be                   
          least relevant to the practice of the invention and only                    
          determines the length of a line of developer that can be                    
          transferred to a receiver.  Thus, the fact that the claimed                 
          channel length to width ratio includes lengths which are much               
          smaller or larger than the disclosed range appears                          
          inconsequential to us.  The original specification indicates                
          that higher walls are preferred within the tested range.  Once              
          again, the fact that the claimed depth to width ratio includes              
          depth values larger than the disclosed range does not indicate              
          lack of compliance with 35 U.S.C. § 112.  The artisan reading               
          the specification of this application would not have looked to              
          the disclosed exemplary ranges as establishing a limit on the               
          dimensions of the microchannels.                                            
          In summary, our view of the original specification is                       
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