Ex Parte MRVOS et al - Page 5


          Appeal No. 2002-0643                                                       
          Application No. 09/100,538                                                 

               To dissipate heat caused by the ejection-energy generating            
          element, Fukuda teaches the use of a heat-capacity member (e.g.,           
          a metal having a high thermal conductivity such as copper,                 
          aluminum, bronze, beryllium, nickel, platinum, stainless steel,            
          and steel) in contact with the heat generating substrate.                  
          (Column 1, lines 10-54; column 4, lines 51-53; column 6, lines             
          8-25.)                                                                     
               Given these prior art disclosures, we are in complete                 
          agreement with the examiner’s determination that the subject               
          matter of appealed claim 1 would have been obvious to a person             
          having ordinary skill in the art within the meaning of 35 U.S.C.           
          § 103.  Specifically, it is our judgment that one of ordinary              
          skill in the art would have been led to combine the teachings of           
          these references by modifying Braun’s product to include                   
          Fukuda’s heat capacity member (i.e., a heat sink element) made             
          from a material such as steel, stainless steel, aluminum,                  
          copper, or nickel in order to avoid the problems associated with           
          heat generated by the heater chip.                                         
               The appellants’ arguments (appeal brief, pages 4-5)                   
          incorrectly focus on the teachings of Oda.  We note, however,              
          that Oda’s teachings are not necessary to support the examiner’s           
          rejection of appealed claim 1.                                             


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