Ex parte HUNG-CHE et al. - Page 3




                  Appeal No. 1999-1115                                                                                                                    
                  Application No. 08/821,217                                                                                                              


                  At the outset, we note that, in accordance with appellants’ grouping of the claims at page 2 of the                                     

                  principal brief, all claims will stand or fall together.  Accordingly, we need to be concerned only with                                

                  independent claim 1.                                                                                                                    

                  As the examiner has pointed out, Hirano discloses the subject matter of instant claim 1 (a movable                                      

                  module, a head and motor integrally mounted to conserve space and capable of sliding back and forth                                     

                  along a track, and the same type of rack and pinion structure to which the “coupling” language of claim                                 

                  1 refers) but for the claimed “optical reader.”  Because Hirano is not concerned with an image head for                                 

                  scanning, but rather with a printing head, Hirano integrates a recording head 31 with motor 32 rather                                   

                  than an optical reader with the motor, as is presently claimed.                                                                         

                  The examiner was cognizant of this difference and pointed to Carbone to provide for the deficiency                                      

                  of Hirano.  Carbone discloses an optical reader for use in scanning images.  While appellants may be                                    

                  correct in identifying the structure of Carbone as being analogous to the conventional scanner upon                                     

                  which they improve (where the driving motor is mounted on a fixed frame with the optical scanner                                        

                  mounted on a movable module), it is the teaching of Hirano which suggests an improvement whereby a                                      

                  head and motor may be mounted integrally on a movable module.  The importance of Carbone’s                                              

                  teaching with regard to the instant rejection is at column 1, lines 61-64, wherein it is stated:                                        

                  The dot-matrix printer printhead can be removed and replaced by the                                                                     
                  optical sensor so that the printer is transformed into an image sensing                                                                 
                  device with the exclusive purpose of image scanning.                                                                                    


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