Ex Parte SIWINSKI et al - Page 9




          Appeal No. 2003-0256                                                        
          Application No. 09/334,375                                                  

          regarding the rejection of claims 1, 19 and 43, however, the                
          examiner has not established a prima facie case of obviousness of           
          using a transponder on an ink cartridge.  The examiner,                     
          therefore, has not set forth a prima facie case of obviousness of           
          using, in addition to Purcell’s transponder and memory on the               
          media roll holder, a second transponder and memory coupled to a             
          second consumable used by the printer as required by claims 8               
          and 26.  Consequently, we reverse the rejection of these claims             
          and dependent claims 9, 10, 13, 16, 27, 28, 31 and 34.                      
                                  Claims 6 and 50                                     
               Claim 6 requires a transponder coupled to a cleaning fluid             
          consumable, and claim 50 requires a transponder associated with a           
          container for waste material.                                               
               Mochizuki discloses an ink jet printer having a memory                 
          circuit for storing data representing the quantity of waste ink             
          sucked by a suction pump from a recording head into a waste ink             
          tank (23) while the recording head is being cleaned by purging it           
          with ink (abstract; col. 2, lines 28-44).                                   
               The examiner argues that it would have been obvious to one             
          of ordinary skill in the art to use Mochizuki’s waste                       
          ink/cleaning fluid consumable in Purcell’s ink jet printer to               
          clean the printhead nozzles to maintain print quality (answer,              

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