Ex Parte Tullis et al - Page 2


                  Appeal No. 2006-3218                                                                                          
                  Application No. 10/233,845                                                                                    


                                                       BACKGROUND                                                               
                       The Appellants’ invention relates to a capactive sensor for sensing the amount of                        
                  material in a container.  An understanding of the invention can be derived from a reading                     
                  of exemplary claim 16, which is reproduced below.                                                             
                              16.  A sensor for capacitively sensing an amount of toner material in a                           
                          toner cartridge of a reprographic device, said sensor comprising:                                     
                              an oscillator for generating an oscillating signal, said oscillator                               
                          comprising a toner capacitor; and                                                                     
                              said toner capacitor comprising two electrodes, wherein one of                                    
                          the electrodes is a conductive component part mounted to the toner                                    
                          cartridge, and the other electrode is positioned outside of the toner                                 
                          cartridge, wherein a capacitance of said toner capacitor depends on said                              
                          amount of toner material such that a frequency of said oscillating signal                             
                          depends on said capacitance.                                                                          
                                                         PRIOR ART                                                              
                       The prior art references of record relied upon by the Examiner in rejecting the                          
                  appealed claims are:                                                                                          
                  Applicants admitted prior art figs. 1-2 and between page 2, line 16 to page 3, line 17 of                     
                  the specification. (AAPA)                                                                                     
                    Miyashiro     6,275,665   Aug. 14, 2001                                                                     
                  Saito et al.  (Saito)   6,282,384   Aug. 28, 2001                                                             
                  Yasumasa     JP 11184235 A   July   9, 1999                                                                   
                                                        REJECTIONS                                                              
                       Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                        
                  Appellants regarding the above-noted rejections, we make reference to the Examiner's                          
                  answer (mailed Mar. 23, 2006) for the reasoning in support of the rejection, and to                           
                  Appellants’ brief (filed Dec. 27, 2005) and reply brief (filed May 24, 2006) for the                          
                  arguments thereagainst.                                                                                       



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