Appeal No. 2000-0154 Page 9
Application No. 08/942,954
Lance Leonard Barry, Teaching A Way Is Not Teaching Away, 79
J. Pat. & Trademark Off. Soc’y 867, 870 (1997)(quoting
Para-Ordnance Mfg. v. SGS Importers Int'l.,73 F.3d 1085, 1090,
37 USPQ2d 1237, 1241 (Fed. Cir 1995)).
Here, contrary to the examiner’s assertion, Sugaya does
not disclose a duplex printing device using a preheating
saddle. To the contrary, the reference teaches that a
preheating saddle cannot, or at least should not, be used in
duplex printing. Specifically, if a preheating saddle is used
to fix images during duplex printing, Sugaya warns that
“malfunctions will arise which will undesirably degrade the
quality of the printing operation.” Col. 1, ll. 66-68. More
specifically, “a portion of the developed toner images
representing certain characters is not printed on the printing
paper, col. 2, ll. 23-25; “a portion of the printed images is
not visually recognized;” id. at ll. 34-35; and “the surfaces
of the preheating plate and the back-up roll are undesirably
contaminated with the molten toner.” Id. at ll. 36-38.
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