Ex Parte TOMATSU - Page 3




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


          element above Asada's transfer roller 8 as the cover and the tip            
          of that element as a guide member.  The examiner, however,                  
          recognizes (Answer, page 4) that Asada fails to teach a plurality           
          of guide members and, thus, turns to Tsuchiya.  Tsuchiya,                   
          according to the examiner (Answer, page 4), teaches plural guide            
          members at element 38.  The examiner concludes (Answer, page 4)             
          that it would have been obvious to use plural guide members in              
          Asada's device because it "would have allowed the sheet separated           
          from the surface of the sensitive body to be conveyed smoothly              
          and reliably along a path," one of the objectives of Tsuchiya's             
          invention.                                                                  
               As pointed out by appellant (Brief, page 14), Tsuchiya                 
          teaches (column 8, lines 48-50) that the purpose of ribs 38 is to           
          allow the paper to convey smoothly "without coming into contact             
          with the grounding plate member 30 through the openings 40."                
          Asada has no such grounding plate member nor openings through               
          which the paper would come in contact with the grounding plate              
          member on or around the cover to the transfer roller.  Therefore,           
          we find no motivation in the references to combine the ribs of              
          Tsuchiya with the transfer device cover in Asada.  Consequently,            
          we cannot affirm the rejection of claim 26 nor of its dependents,           
          claims 2 through 15, 27, and 28.                                            



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