Appeal No. 2001-0865
Application 08/998,781
transmission time before it can start the print engine (Br31;
RBr22-25).
Zimmerman does not transmit the transmission time, but only
uses the transmission time to set the buffer threshold.
Zimmerman starts the print engine at a time when the buffer
threshold is reached (the "print recognition time") and does not
need to know the transmission time. Thus, we conclude that the
examiner has failed to establish a prima facie case of
obviousness as to claim 9. The rejection of claims 9-12 is
reversed.
Claims 6, 18, and 19
The examiner finds that the combination of Zimmerman and
Saruwatari do not teach use of a counter to track data of a
predetermined size but, because Zimmerman is a page printer, he
must have a counting device to track a page of data (EA7). The
examiner finds that Wakabayashi teaches use of a counter to count
the amount of data transmitted and concludes that it would have
been obvious to use a counter to track a page of data "because a
counter is an efficient way of counting the amount of data and
efficiency is desirable in Zimmerman's print system" (EA7).
Appellant argues that the examiner erred as to the rejection
of claim 6 because the fact that a counter is known per se is not
evidence of obviousness (Br29-30; RBr25-27).
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