Appeal No. 2001-1317
Application No. 08/925,845
Claim 3 stands rejected under 35 U.S.C. 102(e) as
anticipated by Bobo.
Reference is made to the brief and answer for the respective
positions of appellant and the examiner.
OPINION
Under 35 U.S.C. 102, a reference must disclose, explicitly
or implicitly, every limitation of the claimed invention. Glaxo
Inc. v. Novopharm Ltd., 52 F.3d 1043, 1047, 34 USPQ2d 1565, 1567
(Fed. Cir.), cert. denied, 516 U.S. 988 (1995).
It is the examiner’s position that column 11, line 11, of
Bobo, “the facsimile message is received...in a Tagged Image
File...then converted...into...GIF,” and column 10, line 10, of
Bobo, “generate the HTML file for the ...facsimiles message,”
taken together, show the receiving of data using a facsimile
reception protocol, said received data having one or more
portions associated with the virtual machine instruction, as
claimed.
The examiner identifies column 11, line 56, of Bobo, “in
-3–
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