Ex Parte JAMES III et al - Page 6

          Appeal No. 2001-2198                                                        
          Application 09/378,802                                                      

          of waste ink was based on this movement.  This is contrary to the           
          plain meaning of the language of the claim.  The section 103                
          rejection of claim 9 is reversed.                                           
                                      REVERSED                                        







                         WILLIAM F. PATE III           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JEFFREY V. NASE               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JENNIFER D. BAHR              )                              
                         Administrative Patent Judge   )                              






          WFP:pgg                                                                     
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