Ex Parte Nauche - Page 2



            Appeal 2007-0933                                                      Page 2                    
            Application 10/310,733                                                                          

                   We AFFIRM.                                                                               
                   The Brief1 argues the claims as a group.  Pursuant to the rules, the Board               
            selects representative claim 1 to decide the appeal with respect to claims 1-6.  37             
            C.F.R. § 41.37(c)(1)(vii) (2006).                                                               
                   Claim 1 reads as follows:                                                                

                   1.    A mail processing machine comprising                                               
                               a recto-verso printer adapted to receive data to be printed and to           
                   produce printed documents based on said data,                                            
                               said documents being designed to be enclosed and franked,                    
                               wherein the printer is capable of recto-verso printing the                   
                   documents and in that the processing machine comprises:                                  
                               means for determining if a value related to the weight of said               
                   documents exceeds postal threshold; and                                                  
                               means upstream of the printer to select the process for franking             
                   the cover by recto-verso printing the documents at will based upon the                   
                   threshold determination.                                                                 
                   The Examiner has finally rejected claims 1-6 under 35 U.S.C. § 103(a) as                 
            being unpatentable over Bresnan (U.S. Patent no. 5,873,073) in view of  Bucci                   
            (U.S. Patent No. 5,655,089).                                                                    

                   A. Issue                                                                                 

                   Appellant contends that the cited art combination would not have led one of              
            ordinary skill in the art to the claimed invention, the crux of the invention being to          
                                                                                                           
            1 Our decision will make reference to Appellant’s Appeal Brief (“Br.,” filed 27                 
            February 2006) and the Examiner's Answer (“Answer,” mailed 29 March 2006).                      





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