Ex Parte FARNWORTH - Page 10




          Appeal No. 2002-1223                                                        
          Application 09/435,455                                                      



          plates 16, 18 and transverse to the X-axis (e.g., see lines 39-44           
          in column 3).  The particular direction of droplet deflection               
          along this “fan axis” can be changed by rotating the deflection             
          plates 16, 18 (e.g., see lines 26-33 in column 4).  Signifi-                
          cantly, this reference further discloses that the “fan axis”                
          can be rotated continuously by rotating plates 16, 18 “while                
          droplets are deflected along the fan axis to deposit a pattern of           
          droplets” (see lines 31-34 in column 7).  This disclosed embodi-            
          ment wherein the fan axis and plates are rotated continuously               
          “while droplets are deflected along the fan axis” would                     
          necessarily result in the deflection of droplets in a plurality             
          of directions along this fan axis.                                          
                    It follows that the independent claims on appeal do not           
          distinguish over Muntz even when these claims are interpreted, as           
          urged by the appellant, to require that the droplets be deflected           
          in plural directions.                                                       
                    In light of the foregoing, we will sustain the                    
          examiner’s § 103 rejections of all appealed claims as being                 
          unpatentable over Muntz or Smith.                                           
                    The decision of the examiner is affirmed.                         



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