Ex parte UCHIYAMA - Page 8




          Appeal No. 1997-3062                                                        
          Application No. 08/207,370                                                  

          address the combination of references, as applied by the                    
          examiner.  Clearly, if Mese disclosed the specific printer                  
          claimed to be employed in exactly the same manner as set forth              
          in the instant claims, the examiner would have made a                       
          rejection under 35 U.S.C. § 102 based on anticipation.                      
          Instead, the rejection is under 35 U.S.C. § 103 based on                    
          obviousness.                                                                
               With regard to the Fujii reference, this reference was                 
          applied by the examiner in order to show the specifics of a                 
          printer such as a fixing device, an image forming means, etc.               
          Appellant never argues that the printing mechanism itself in                
          appellant’s invention is anything but conventional and, in                  
          fact, does not argue that Fujii is deficient in such a                      
          showing.  Appellant’s only argument regarding Fujii [brief,                 
          page 11] is that Fujii does not show the recording of an image              
          in an apparatus which includes recognizing means for                        
          recognizing a start of operation of a computer and means for                
          setting the printer in a state capable of producing a printing              
          operation.  The examiner recognized such a deficiency in Fujii              
          and relied on Mese and Nakanishi for such teachings.                        



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