Ex Parte KIM - Page 4







              Appeal No. 1999-0344                                                                                       
              Application 08/250,770                                                                                     



              except for the responsive language to the chopped data, and the print control means                        
              generating the horizontal sink signal at the end of claim 1 on appeal.                                     
                     In response to appellant’s presentation for the first time in the request for                       
              rehearing further information about what appellant’s admit to being in the admitted prior                  
              art Figure 1, as well as what the laser printing arts generally recognize, we have                         
              reconsidered our original opinion but come to the same conclusion as to the                                
              unpatentability of the subject matter of claim 1 within 35 U.S.C. § 103 based upon the                     
              same applied prior art, appellant’s admitted prior art Figure 1, in view of Tomita and                     
              Hayashi.  In light of the new emphasis presented in the request as outlined earlier, the                   
              importance of the Hayashi reference becomes paramount.  Since the admitted prior art                       
              Figure 1 utilizes a laser as a light source for the laser beam of the claim, the                           
              corresponding teachings of Hayashi are more significant than ever.  Figures 1A and 1B                      
              of Hayashi correspond to a complete laser imaged electrophotographic printing system,                      
              only part of which is correspondingly shown in appellant’s prior art Figure 1.                             
                     In contrast to the prior art approach associated with appellants’s prior art Figure                 
              1 permitting the user to change the bias voltage of the generator 70, appellant’s                          
              disclosed invention in representative Figure 3 takes the approach of controlling the                       
              amount of light illuminating the photosensitive drum by chopping the video data to                         

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