Appeal No. 1999-1574
Application No. 08/321,324
stated above and also at page 8, lines 17-28 of the
specification. In view of this interpretation of the “time-
divisionally driving” phrase, the examiner’s position, that
any image forming apparatus such as Kitamura’s system would
have a time-divisional application of the voltage to the
various electrodes in order for the system to operate,
otherwise there will be blobs of ink all at one time if all
the electrodes were applied the charge voltage at the same
time, is not sustainable to meet the limitation recited in the
claim.
Appellant further argues, brief at page 18, that “[n]o
explanation has ever been provided throughout prosecution as
to how the gate electrodes 3 and data electrodes 4 of JP 963
[Kitamura], which are vertically spaced apart from each other,
can possibly be interpreted as being adjacent the same opening
of an aperture.” Appellant’s attorney reiterated the argument
at the oral hearing that the recited clause “wherein said
electric-field control means comprises an electrode unit
including a plurality of openings through which the charged
toner particles pass, a data electrode adjacent at least two
of the plurality of openings, and a selection electrode
7
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