Appeal No. 2006-1876
Application No. 09/877,522
possession of the memory including logic to receive software that
facilitates communication between the image capture appliance and
the device from a software source of Appellants= claim 1.
Accordingly, the 35 U.S.C. ' 102(e) rejection of claims 1-20 over
Anderson >749 or Anderson >538 is sustained.
35 U.S.C. ' 103 rejection of the claims
Appellants argue that if Anderson ‘749 does not disclose an
appliance that receives software that facilitates communication
between the appliance and another device, and a different
reference is needed to reject the claims, how can it anticipate
the claims (brief, page 19). Appellants further point out that
neither of the Anderson references discloses that the received
software facilitates communication between the appliance and
another device (id.). The Examiner refers to the teachings of
Anderson >749 (col. 12, lines 14-18) and asserts that the
application program is directly downloaded from a network to
replace the current application that did communicate (answer,
page 9).
A review of Anderson >749 reveals that the downloaded
application program is from a host computer or from a network and
indeed is used for interfacing with functions in the tool box and
to control the I/O port 348 for external communication (col. 12,
7
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