Ex Parte KATO et al - Page 7



          Appeal No. 2000-0808                                                        
          Application No. 08/906,815                                                  

          systems of Kato and Kanda by using the solid hot melt ink                   
          composition disclosed by Zerillo could only come from Appellants’           
          own disclosure, and not from any disclosure in the prior art                
          references themselves.                                                      
               Lastly, we have reviewed the Schneider and Nakayama references         
          which have been applied by the Examiner to address the intermediate         
          transferer and support surface smoothness features of the appealed          
          claims.  We find nothing, however, in the disclosures of either of          
          these references which would overcome the innate deficiencies of            
          Kato, Kanda, and Zerillo discussed supra.                                   
               In conclusion, since the Examiner has not established a prima          
          facie case of obviousness, the 35 U.S.C. § 103 rejection of                 
          independent claim 1, as well as claims 2-7 dependent thereon, is            
          not sustained.  Therefore, the decision of the Examiner rejecting           
          claims 1-7 is reversed.                                                     









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