Ex parte NISHI - Page 6




          Appeal No. 1997-1381                                                        
          Application 08/188,925                                                      


               Appellant argues:                                                      
                    The Examiner has relied heavily on a statement                    
               in the prior art reference at column 15, lines 55-                     
               58, which states that “image data supplied from host                   
               system is compressed and is then stored as backup                      
               data when paper jamming occurs”.                                       
                    The sentence is ambiguous because the phrase                      
               “when paper jamming occurs” could be interpreted to                    
               apply to the compression and storage steps together,                   
               or, alternatively, it could be interpreted as                          
               applying only to the storage step.                                     
                    The Examiner has interpreted this statement as                    
               if the “when paper jamming occurs” phrase applies to                   
               both the compression and the storage steps.                            
               However, as set forth in the Brief for the                             
               Appellant, the Examiner’s interpretation is                            
               inconsistent with the remainder of the reference.                      
                    If the Examiner’s interpretation was correct,                     
               there would be no compression of the data until a                      
               paper jam occurs.  Thus, there would be no                             
               compressed data in the backup buffer region unless a                   
               paper jam occurs.  However, attention is directed to                   
               column 36, lines 61-63, wherein it states that when                    
               a page is completely discharged, i.e., successfully                    
               printed, the data is canceled from the backup buffer                   
               region.  If the Examiner’s interpretation was                          
               correct, there would be no reason for data to be in                    
               the backup buffer if a page was completely                             
               discharged, because according to the Examiner’s                        
               position, data is only compressed and stored upon                      
               the detection of a paper jam.  Thus, according to                      
               the Examiner’s position, it would be impossible for                    
               data in the backup buffer to be canceled if a page                     
               was completely discharged.  (Reply brief-pages 1 and                   
               2.)                                                                    
               The Examiner responds:                                                 
                    (a)Attention is directed to column 36, lines 61-                  
               63, wherein the recitation is “When data regarding a                   
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