Ex parte FAJOUR - Page 15




          Appeal No. 1999-1629                                                         
          Application 08/510,491                                                       

          However, Herbert does not teach or suggest operating sets of                 
          nozzles to print the postal mark, each set having less than                  
          the total number of nozzles and being offset from each other                 
          so as to include some of the nozzles of the other sets (i.e.,                
          the sets overlap one another).  Herbert does not teach or                    
          suggest using different sets of nozzles to print the postal                  
          mark.  The serial/parallel nature of the signal transmission                 
          to the print head in Herbert has nothing to do with the                      
          printing.  The serial registers 51 in Herbert are loaded in                  
          serial and read out in parallel to operate, via buffers 52,                  
          the piezoelectric devices 50 of the print nozzles 11 (col. 5,                
          lines 20-28).  To the extent the Examiner assumes the nozzles                
          are driven sequentially, one nozzle at a time, so as to                      
          eventually fire all nozzles, this is error: the nozzles are                  
          all driven at one time.  In addition, a "set" requires a                     
          "plurality of nozzles disposed consecutively in the row";                    
          thus, operating nozzles individually in sequence does not meet               
          the claim language.  We agree with Appellant that the                        
          "wherein" limitation is a functional limitation, not a mere                  
          statement of intended use, and is not taught or suggested by                 
          Herbert or the other references.  For these reasons, we                      

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