Ex Parte Burrows - Page 7



          Appeal No. 2006-1910                                                        
          Application No. 09/910,654                                                  
          decision.  The examiner also notes that appellant’s own                     
          specification states that data can include image format data and            
          that claim 1 stores agent coupon data in an image file                      
          arrangement.  The examiner asserts that the term “agent coupon              
          data” is being given its broadest reasonable interpretation as              
          required during patent prosecution.  The examiner also responds             
          that the preclusion of electronic storage by ARC does not teach             
          away from the claimed invention because ARC is simply noting                
          known alternative storage devices which they find unacceptable              
          [answer, pages 4-8].                                                        
          Appellant responds that IAH teaches that all supporting                     
          documents must be copied to microfiche film or to a non-magnetic            
          optical medium, and that copying is not the same as storing                 
          because copying requires the presence of a physical document.               
          Appellant notes that the claimed invention does not involve                 
          copying.  Appellant also responds that the distinction between              
          image and data was not addressed.  Appellant reiterates that                
          facsimile transmission or a multimedia network transmission does            
          not transmit data which is then reconstructed as an image, but              
          instead, transmits an image.  Appellant also disputes the                   
          examiner’s suggestion that appellant’s specification states that            
          an image of an agent coupon and agent coupon data are the same              
          thing [reply brief, pages 3-6].                                             
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