Ex Parte SPITZ et al - Page 6




          Appeal No. 2002-0503                                       Page 6           
          Application No. 09/089,698                                                  


          (emphasis added).  35 U.S.C. § 103(a)(1999); Graham v. John Deere           
          Co., 383 U.S. 1, 14, 148 USPQ 459, 465 (1966).                              
               Here, as pointed out by the appellants in their briefs, the            
          examiner has not established any convincing reason, suggestion or           
          motivation for combining the references so as to arrive at the              
          claimed subject matter.  In particular, the examiner has not                
          fairly explained why one of ordinary skill in the art would turn            
          to the disparate structure of Watanabe, and teachings related               
          thereto, for a suggestion to modify the structure of Oda.                   
          Watanabe is concerned with furnishing a temperature controller              
          and related structure that is “capable of highly accurately and             
          quickly controlling the temperature of a semiconductor device               
          such as a semiconductor laser.”  See column 1, lines 50-55 of               
          Watanabe.  The temperature control system of Watanabe includes              
          thermal insulation (5, Fig. 1) disposed around the semiconductor            
          device, a temperature sensor (3, Fig. 1), an electronic cooling             
          device (4, Fig. 1), and a block shaped heat sink (7, Fig. 1).               
          Watanabe specifies that the heat sink and the electronic cooling            
          device function together to control temperature.  Oda, on the               
          other hand, is concerned with an ink tank, ink jet cartridge and            
          recording apparatus.  A head tip (18, Fig. 1) of Oda includes a             
          plurality of ink jet nozzles and is supported in a heat sink (17,           







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