Ex Parte Ito et al - Page 3




                 Appeal No. 2004-2008                                                                              
                 Application No. 09/955,030                                                                        


                                                 CITED PRIOR ART                                                   
                        As evidence of unpatentability, the Examiner relies on the following                       
                 references:                                                                                       
                 Rokutanzono et al. (Rokutanzono)             5,008,172                 Apr. 16, 1991              
                 Bergmann et al. (Bergmann)                      5,571,456                 Nov.  5, 1996           
                 Borsenberger, et al. (Borsenberger), “Organic Photoreceptors For Imaging                          
                 Systems”, New York, Marcel-Dekker, Inc. (1993), pp. 25-35, 289-296.                               
                        The Examiner rejected claims 13 to 21 and 31 to 33 under 35 U.S.C.                         
                 § 103(a) as obvious over the combined teachings of Rokutanzono and                                
                 Bergmann; and claims 34 to 42  under 35 U.S.C. § 103(a) as obvious over                           
                 the combined teachings of Rokutanzono, Bergmann and Borsenberger.                                 
                 (Answer pp. 4 to 6).                                                                              


                                                     OPINION                                                       
                        We have carefully reviewed the claims, specification and applied                           
                 prior art, including all of the arguments advanced by both the Examiner                           
                 and Appellants in support of their respective positions.   This review leads us                   
                 to conclude that the Examiner’s § 103 rejections are not well founded.  See                       
                 In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992);  In                    

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