Ex Parte Schoedinger - Page 3




         Appeal No. 2004-2180                                                       
         Application No. 10/131,020                                                 

              said first amount and longer than said second amount                  
              when said media to be imaged is identified to said                    
              control system as heavy or thick.                                     
              The examiner relies on the following prior art references             
         as evidence of unpatentability:                                            
         Nakazato et al.          6,094,546           Jul. 25, 2000                 
              (Nakazato)                                                            
         Watanabe et al.          JP 2002-55554       Feb. 20, 2002                 
              (Watanabe)(published                                                  
              JP application)                                                       
              Claims 1 and 2 on appeal stand rejected under 35 U.S.C.               
         § 103(a) as unpatentable over Nakazato in view of Watanabe.2               
         (Answer at 3-7.)                                                           
              We affirm this rejection.3  Because we are in complete                
         agreement with the examiner’s analysis, we adopt the factual               
         findings and legal conclusions as set forth in the answer as our           
         own and add the following comments for emphasis.                           
              The appellant’s main argument in this appeal is that the              
         claimed invention, unlike the prior art, includes a heating                



                                                                                   
              2  We rely on the December 2003 English language translation          
         (Schreiber Translations, Inc.) of record.                                  
              3  The appellant submits that the appealed claims stand or            
         fall together.  (Appeal brief at 4.)  Accordingly, we confine              
         our discussion to independent claim 1.  37 CFR § 1.192(c)(7)               
         (2003)(effective Apr. 21, 1995).                                           

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