Appeal No. 2001-1610
Application No. 09/028,449
Claim 29 also recites plural guide members, but "at the case
adjacent to the outlet," wherein the case "accommodates the
photosensitive member and the transfer member." For the claimed
case, the examiner relies upon "the case surrounded by the letter
28, 10, 21, 22, 13, 6, 4 of fig. 1" which he admits (Answer, page
7) fails to include plural guide members. Again the examiner
turns to the disclosure of Tsuchiya. Similar to above, Asada
fails to include a grounding plate member and openings through
which the paper would come in contact with the grounding plate
member at the claimed location (which for claim 29 would be at
the case adjacent the outlet). Therefore, we cannot sustain the
rejection of claim 29 nor of its dependents, claims 30 through
32.
Lastly, independent claim 16 requires two sets of guide
members with one set being offset from the other set. The
examiner relies upon Asada's cover above element 8 for one
guiding device and the upper cover surface 13 of the entry port
for the second guiding device. Again the examiner (Answer, page
11) admits that Asada fails to disclose plural guide members for
each guiding device and, thus, turns to Tsuchiya. As stated
supra, we find no motivation in the references to combine the
ribs of Tsuchiya with Asada's transfer device cover (which the
examiner relies upon for the first guiding device). We find the
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