Appeal 2007-1899
Application 10/112,743
structure of a surface of a semiconductive member of an electrophotographic
apparatus in a manner providing a description of a semiconductive member
having all of the elements specified in independent claim 1, as we have
interpreted this claim above, to one skilled in the art within the meaning of §
102(b), see, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429,
1431 (Fed. Cir. 1997), or leading one of ordinary skill in the art to a
semiconductive member encompassed by dependent claim 4, as we have
interpreted this claim above, within the meaning of
§ 103(a). See, e.g., In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,
1444 (Fed. Cir. 1992).
Accordingly, we reverse the grounds of rejection of claims 1, 4, and 8
through 11 under 35 U.S.C. § 102(b) and of claim 4 under 35 U.S.C.
§ 103(a).
The Primary Examiner’s decision is reversed.
REVERSED
clj
Sughrue, Mion, Zinn, MacPeak & Seas
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
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