Ex Parte COWGER et al - Page 7




              Appeal No. 2003-1966                                                                 Page 7                
              Application 08/789,959                                                                                     


              ink containers is reduced (column 5, lines 6-9), and in keeping with this objective the                    
              reference provides several embodiments of the invention, such as that explained in                         
              column 11, wherein the container for the color used most quickly is made larger than                       
              the others, so that it lasts longer (line 34 et seq.).  From our perspective, Okazaki would                
              have informed one of ordinary skill in the art of the advantage of providing a plurality of                
              separately replaceable ink containers so as to allow an ink container that is empty to be                  
              replaced without replacing all of the others.  This would have provided motivation to                      
              modify the Moriyama apparatus in the manner proposed by the examiner.                                      
                     With regard to the teachings of the two references, for the most part the                           
              appellants have attacked the showings in the individual references.  However, the                          
              rejection is based upon a combination of references, and therefore these arguments                         
              are not persuasive. See In re Young, 403 F.2d 754, 757, 159 USPQ 725, 728 (CCPA                            
              1968).  While we have carefully considered all of the appellants’ arguments, we                            
              nevertheless have concluded that the combined teachings of Moriyama and Okazaki                            
              establish a prima facie case of obviousness with regard to the subject matter recited in                   
              independent claim 1, and we will sustain this rejection.  Since the appellants have                        
              chosen to group claims 4 and 7-11 with claim 1 (Brief, page 5), the rejection of these                     
              claims also is sustained.  Furthermore, we note that while the appellants have not                         
              included claims 12 and 13 in the group with the others, they have not argued the                           
              separate patentability of these claims, but have relied upon the arguments raised with                     








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