Appeal No. 2002-0503 Page 7
Application No. 09/089,698
Fig. 1) located below the bottom wall (12, Fig. 1) of a tank
holder. The tank holder includes a cylindrical ink joint (14,
Fig. 1) on the upper surface of the bottom wall thereof holding a
disc filter (14a, Fig. 1) in the upper portion of the cylinder.
The examiner has not pointed to any disclosure in Oda that would
suggest a need for a quick and highly accurate temperature
control system. In this regard, the examiner has not established
that one of ordinary skill in the art would view the heat
dissipating capacity of the heat sink (17, Fig. 1) of Oda as
requiring any correction or modification.
While the heat radiating heat sink of Watanabe has fins to
aid in heat dissipation, that fact, by itself, does not serve to
establish that one of ordinary skill in the art would have been
led to employ such fins in Oda’s device in a fashion so as to
arrive at the here claimed subject matter based on the combined
teachings of the references. The mere fact that the prior art
may be modified to reflect features of the claimed invention does
not make the modification obvious unless the desirability of such
modification is suggested by the prior art.
Rejections based on § 103(a) must rest on a factual basis
with these facts being interpreted without hindsight
reconstruction of the invention from the prior art. See In re
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