Appeal No. 1999-1889 Page 15
Application No. 08/366,988
12, which fall therewith. As to claim 5, there remains one
argument as to its parent claim, viz., claim 13, to address.
Third, the appellants argue, “[w]ith respect to the
embodiments of Figs. 36 and 42, for example, it will be
appreciated that if, on the one hand, the first-material layer
on the right is limited to the bottom stratum to meet the one-
side requirement of a claim 13, the first-material layer is no
longer for dispensing ink because the stratum in question is
below the communication opening for ink supply. On the other
hand, if the one side of the first-material layer on the right
extends upwardly along the line A 361 or A 421, all of the one
side is no longer in contact with the second, ink-storing
material below the line A361 or A 421.” (Appeal Br. at 17.)
The examiner responds, “Koitabashi et al disclose all basic
claimed features of the invention of an ink cartridge
comprising first and second vacuum producing materials (e.g.
embodiments in Figs. 35-38, 42, 43, first material being in
communication with the ink supply) of higher and lower density
respectively, being in surface-to-surface contact with each
other in the cartridge body ....” (Final Rejection at 2.)
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