Ex Parte Tobita - Page 3



          Appeal No. 2005-1384                                                        
          Application 09/886,200                                                      

          when claims can be amended, ambiguities should be recognized,               
          scope and breadth of language explored, and clarification                   
          imposed.”  In re Zletz, 893 F.2d at 321, 13 USPQ2d at 1322.                 
               Next we treat appellant’s urging that Kikuchi and Kobayashi            
          do not teach or suggest the limitations of claims 8 and 9.  We              
          treated this third stated rejection of claims 7 through 9                   
          rejected under 35 U.S.C. § 103 over these references at pages 11            
          through 14 of our prior opinion.  In doing so, we expanded upon             
          the examiner’s rationale of combinablitiy and, contrary to the              
          urging at page 3 of the Request for Rehearing, we did address the           
          mode change capability in accordance with a number of dots that             
          are arranged across the width of the lines forming an object                
          image.  A careful reading of the paragraph bridging pages 12 and            
          13 of our original opinion at least emphasizes this language from           
          the claims.                                                                 
               Under topic C at page 4 of the Request for Rehearing                   
          appellant urges again that the combination of Kikuchi with Ohsawa           
          would change the principle of operation of Kikuchi.  This first             
          stated rejection is discussed in detail in our prior opinion at             
          pages 3 through 9.  We simply did not agree with appellant’s                
          initial urging in the brief as to this argument in accordance               




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