Ex Parte WEN - Page 4



            Appeal No. 2000-1972                                                      
            Application No. 08/928,002                                                
          claim 1, it is argued that Anderson’s sensor is one which                   
          detects the concentration of non-evaporative ink solids, while              
          the claimed sensor has the structure for sensing label                      
          material.  It is urged that the phrase “label material” as                  
          used in the claim is not the same as the non-evaporative ink                
          solids of Anderson.  Appellant states that his specification                
          at page 11, lines 23-29, teaches,                                           
                    [t]he term “detectable label material”                            
                    refers herein to an ink ingredient that is                        
                    added to the ink . . . .  The                                     
                    concentration of the detectable label                             
                    material to the concentration of the                              
                    colorant is held as constant in the ink.                          
                    The detectable label material is, however,                        
                    not required to perform any other                                 
                    functions in the printhead or on the                              
                    receiver media. In other words, the ink                           
                    can achieve desired print qualities                               
                    without the assistance of the detectable                          
                    label materials.                                                  
          Appellant submits that the above disclosure requires that the               
          phrase “label material” as used in the claims identifies an                 
          ingredient which is only used to identify a characteristic of               
          the ink, and is not used for printing optical density on a                  
          receiver.                                                                   
                    We are not persuaded by this argument and will                    
          sustain the rejection of claims 1-4.  The above disclosure                  

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