Ex Parte Bates et al - Page 8

           Appeal Number: 2007-0385                                                                  
           Application Number: 10/375,067                                                            

                 Fact 4:   In the first embodiment described above, two detectors or switches        
                          3 and 4 are disposed at the feeding and discharge ends of the              
                          passage of the copy papers 1 so that the actual time interval To           
                          required for the copy paper 1 to be transported through the path in        
                          the photocopying machine may be compared with the reference                
                          time interval Ts required for the copy paper 1 to pass through the         
                          path under normal conditions, that is without jamming. (col. 3, ll.        
                          7-15)                                                                      
                 From the facts of Sugiyama, in particular facts 2 and 3, we find that the           
           reference recognizes that tabbed pages require more transport time than ordinary          
           pages. In addition, from fact 4 we find that the reference time for feeding the next      
           sheet is changed to account for tabbed paper taking longer to transport.  However,        
           the time changed is the sheet feeding time between insertion of sheets, not the time      
           for making a jamming judgment through detection of a sheet by a sheet detecting           
           unit.  Turning to Sakamaki, we find from facts 2 and 3 that the reference detects         
           the difference between a reference time and the actual time interval for the sheet,       
           and recognizes a jam based upon the differences between the compared times.               
           However, Sakamaki does not refer to different reference time intervals for different      
           types of sheets.                                                                          
                 We agree with the examiner (Answer 3) that an image forming apparatus in            
           which a sheet detecting unit uses sheet feeding reference timer values to make            
           jamming judgments for the purpose of stopping the image forming apparatus when            
           jam  occurs (see abstract).  However, we find that because Sugiyama is directed to        
           preventing jams by modifying the feed insertion time of the next sheet to be fed,         
           and Sakamaki is not directed to changing a reference time to prevent a jam from           
           occurring, we find no reason to have modified Sugiyama as advanced by the                 
           examiner.  Rather, we agree with appellant (Br. 8-9) that Sakamaki fails to remedy        
           the deficiencies of Sugiyama because Sakamaki does not disclose or suggest using          

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