Appeal No. 1999-2794
Application No. 08/597,035
Claim 1 stands rejected under 35 U.S.C. § 103 as being unpatentable over the
APA and Hosokawa.
Claims 3-11 stand rejected under 35 U.S.C. § 103 as being unpatentable over the
APA, Hosokawa, and Nakajima.
We refer to the Final Rejection (mailed Apr. 9, 1998) and the Examiner's Answer
(mailed Jan. 20, 1999) for a statement of the examiner's position and to the Brief (filed
Nov. 19, 1998) and the Reply Brief (filed Mar. 19, 1999) for appellant's position with
respect to the claims which stand rejected.
OPINION
The examiner sets forth the section 103 rejection of claim 1, as being unpatentable
over "Applicant's prior art Fig.12 in view of Hosokawa," on pages 3 and 4 of the Answer.
"Hosokawa...may not have explicitly disclosed a 'transfer command signal' and a means to
generate the signal, but such a signal is inherent in the Hosokawa...system in order for the
system to function efficiently." (Answer at 4.)
Appellant argues (Brief at 6-10) that none of the embodiments of Hosokawa are
disclosed as including a "transfer command signal output means," as required by instant
claim 1. Appellant further argues (Reply Brief at 1-3) that Hosokawa is directed to field
angles related to television standards, and has nothing to do with the length of a scanned
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