Ex Parte WATANABE et al - Page 11




          Appeal No. 2001-1209                                                        
          Application No. 09/106,281                                                  


          the platen roller speed computing equation, is reduced for                  
          temperature ranges above a predetermined value.  We don’t                   
          necessarily disagree with the Examiner’s assertion (Answer, page            
          5) that, given Pfeuffer’s disclosed recognition of the                      
          relationship between platen roller speed and roller temperature             
          variations, the skilled artisan would find it obvious to derive a           
          mathematical equation to compute the corrected roller speed                 
          values.  We find no teaching or suggestion, however, in Pfeuffer,           
          or in any of the other prior art of record, that would support              
          the Examiner’s conclusion of the obviousness to the skilled                 
          artisan of adjusting the expansion coefficient of the platen                
          roller at temperature ranges above and below a predetermined                
          temperature as claimed.  The Examiner must not only make                    
          requisite findings, based on the evidence of record, but must               
          also explain the reasoning by which the findings are deemed to              
          support the asserted conclusion.   See In re Lee, 277 F.3d 1338,            
          1343, 61 USPQ2d 1430, 1433-34 (Fed. Cir. 2002).  Accordingly,               
          since all of the claimed limitations are not taught or suggested            
          by the applied prior art references, the Examiner’s 35 U.S.C.               
          § 103(a) rejection of claim 5 is not sustained.                             




                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007