Ex Parte Weiss - Page 11




              Appeal No. 2003-1146                                                                                       
              Application No. 09/595,249                                                                                 


              teaches the claimed invention except for using the job quote to automatically select the                   
              type of printing equipment being used.  The examiner cites Freedman as teaching this                       
              feature.  The examiner finds that it would have been obvious to the artisan to use the                     
              automatic selection of Freedman in the printing system of Crandall [answer, pages 14-                      
              16].  Appellant argues that the automatic selection in Freedman is based on the final                      
              production data and not on information in the job quote as claimed.  Appellant’s                           
              additional arguments are similar to the arguments made with respect to claims 14 and                       
              36 [brief, pages 24-25].                                                                                   
                     We will not sustain the examiner’s rejection of independent claims 21 and 43 or                     
              of claims 22 and 44 which depend therefrom.  Claims 21 and 43 recite that the                              
              information in the job quote is used to automatically select the type of printing                          
              equipment to be used for the print job.  As noted above, equipment selection in                            
              Freedman occurs as part of the job quote itself, and does not result from the job quote.                   
              The timing of the equipment selection in Freedman is fundamentally different from the                      
              equipment selection recited in claims 21 and 43.                                                           
                     In summary, we have not sustained the examiner’s rejection with respect to any                      
              of the claims on appeal.  Therefore, the decision of the examiner rejecting claims 1-44                    
              is reversed.                                                                                               
                                                     REVERSED                                                            



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