Ex Parte TOMATSU - Page 2




          Appeal No. 2001-1610                                                        
          Application No. 09/028,449                                                  


               a transfer device cover which covers the transfer device,              
          the cover including a downstream portion on which the sheet is              
          fed from the transfer device; and                                           
               a plurality of first guide members disposed at the                     
          downstream portion of the transfer device cover.                            
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Tsuchiya et al. (Tsuchiya)    5,477,314           Dec. 19, 1995             
          Asada et al. (Asada)          5,584,475           Dec. 17, 1996             
               Claims 2 through 32 stand rejected under 35 U.S.C. § 103 as            
          being unpatentable over Asada in view of Tsuchiya.                          
               Reference is made to the Examiner's Answer (Paper No. 14,              
          mailed September 12, 2000) for the examiner's complete reasoning            
          in support of the rejections, and to appellant's Brief (Paper No.           
          13, filed June 26, 2000) and Reply Brief (Paper No. 16, filed               
          November 13, 2000) for appellant's arguments thereagainst.                  
                                       OPINION                                        
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellant and the examiner.  As a consequence of our review, we             
          will reverse the obviousness rejection of claims 2 through 32.              
               We turn first to independent claim 26, which appears to be             
          the broadest claim.  Claim 26 requires, in pertinent part, first            
          guide members "disposed at the downstream portion of the transfer           
          device cover."  The examiner (Answer, pages 3-4) refers to the              

                                          2                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007