Ex Parte Moon et al - Page 7




             Appeal No. 2005-0247                                                             Page 7               
             Application No. 10/171,657                                                                            


             end portions 32, "but will not have reached sufficient size to fill-in the open[ing 30]. . . ."       
             (Id.)  We further agree with him that "[a]t this time, the claimed virtual chamber would              
             exist." (Id.)  More specifically, the opening in the middle of the growing bubbles would              
             constitute a "virtual chamber" as claimed.  At oral hearing, moreover, the appellants’                
             attorney conceded the brief existence of such a chamber during growth of the bubbles                  
             in Campbell.  Moon, at 9.  Because the heater element 12 is located in the ink-filled print           
             cavity 21, Fig. 1, we find that the virtual chamber will contain ink.                                 


                    Later during growth, the bubbles will "coalesce or stick together . . . at the center          
             during bubble growth.  The bubbles 26a, 26b grow into a single pillow-shaped bubble 22                
             (see FIG. 2) so that the momentum is directed toward the nozzle 19. . . . "  Col. 3, ll. 55-          
             59.  Bounded by the surface 11 of the substrate 10 on the bottom, and the pressure                    
             from ink in the ink flow channel 20 on the sides, that momentum will force the ink                    
             present in the virtual chamber toward the nozzle so that it is "ejected in an energy-                 
             efficient manner," id. at l. 60, therefrom.                                                           


                    The appellants argue, "A review of Campbell finds no discussion of 'pressure                   
             from ink flowing into the print cavity 21 via the ink flow channel 20 on the sides'."  (Req.          
             Reh'g at 9.)  "'Every patent application and reference relies to some extent upon                     
             knowledge of persons skilled in the art to complement that [which is] disclosed. . . .'"              








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