Ex Parte SIWINSKI et al - Page 10




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

          pages 5-6), and to use Cardullo’s transponder on this consumable            
          “since utilizing plural transponders is a natural consequence of            
          the obviousness of utilizing a transponder memory element as                
          taught by Cardullo et al. on either or both of the ink                      
          cartridge 77 and print cartridge 74 of Purcell et al. since                 
          Purcell et al. already provides one transponder on the print                
          roll” (answer, page 11).  As discussed above regarding the                  
          rejection of claims 1, 19 and 43, the examiner has not                      
          established that it would have been prima facie obvious to one of           
          ordinary skill in the art to use Cardullo’s transponder on                  
          Purcell’s ink cartridge.  Hence, the examiner’s argument that it            
          similarly would have been prima facie obvious to one of ordinary            
          skill in the art to use Cardullo’s transponder on Mochizuki’s               
          waste ink container is not persuasive.  We therefore reverse the            
          rejection of independent claims 6 and 50 and dependent claims 11,           
          12, 14, 15, 17, 18, 29, 30, 32, 33, 35, 36, 49 and 51.                      
                                      Claim 54                                        
               Claim 54 requires a receiver sheet consumable comprised of             
          discrete receiver sheets loaded into the printer, and a                     
          transponder coupled to a sheet-like member that is part of a                
          stack of the discrete receiver sheets.                                      
               Mallory discloses that reproduction or copy machines                   

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