Appeal No. 2000-0335
Application No. 08/780,551 Page 8
members 2 and the signal electrodes 1 are continuously widened to
prevent toner from contacting the inner wall of the openings 4.
In figure 5C, (col. 6, lines 36-40) the diameter of the
insulating members 2 and the signal electrodes 1 are large
relative to the diameter of the base electrodes 3. In both
figures 5B and 5C, the enlarged openings are for the purpose of
preventing the openings from being clogged by toner.
From the disclosure of Fujii, we agree with appellants that
Fujii does not disclose that the second electrode spans the
orifice in the third electrode, because although the holes
forming the orifices extend through the base electrode 3, the
signal electrode 1, and the insulating members 2, the second
electrode continuously spans distances between the holes and does
not span the holes themselves. We are not persuaded by the
examiner's assertions that the electrodes 3 in figure 5C of Fujii
span the orifice 4. From the dictionary definition provided by
the examiner, it is clear that to span the orifice, the electrode
would have to extend, reach, or spread between two limits, i.e.,
across the orifice in the third electrode, which the electrode 3
does not do, as electrode 3 provides an open circular area in the
center, through which the orifice extends. We find that in
figure 5C, electrode 3 partially spans the orifice 4, but does
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