Ex Parte KIM - Page 5




          Appeal No. 2001-0865                                                        
          Application 08/998,781                                                      

          Claims 1, 3-5, 7, 8, 13, 16, 17, and 20                                     
               Appellant argues (Br8-11) that Zimmerman fails to teach or             
          suggest at least the following three features in independent                
          claims 1, 3, 5, 7, and 13 (the limitations of claim 1 are quoted            
          as representative):  (1) "performing a print environment                    
          recognition operation at a print recognition time"; (2) "said               
          print recognition time being determined in accordance with said             
          transmission time"; and (3) "said print environment recognition             
          operation being performed while the print data are being received           
          by said printer."                                                           
               The examiner admits that Zimmerman does not teach these                
          limitations (EA4).  We agree.  Zimmerman discloses a print engine           
          start operation, but does not disclose sensing of any                       
          environmental conditions as part of the printer operation.                  
               Appellant finds that Saruwatari discloses detecting                    
          environmental conditions around the photosensitive drum of an               
          image formation apparatus, but argues that it does not teach or             
          suggest that detection of the environmental conditions is to be             
          performed at a print recognition time, wherein the print                    
          recognition time is determined in accordance with a transmission            
          time, as recited in claims 1, 3, 5, 7, and 13 (Br11-12); i.e., it           
          does not teach differences (1) and (2).  It is argued that                  
          Saruwatari never describes that a print environment recognition             
          operation is performed while print data are being received by a             

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