Ex Parte Green - Page 4

                Appeal 2007-1271                                                                              
                Application 10/005,583                                                                        
                      More particularly, we decide the following issues we have determined                    
                are dispositive in deciding this appeal:                                                      
                         1. Whether Kuwata discloses receiving a scan request from a user                     
                             browser.                                                                         
                         2. Whether Kuwata discloses receiving selections made with the                       
                             user browser.                                                                    
                         3. Whether Kuwata discloses uploading a control screen to the                        
                             user browser.                                                                    
                         4. Whether Kuwata discloses uploading an application to the user                     
                             browser.                                                                         
                         5. Whether Kuwata discloses the receiving, uploading, and                            
                             scanning are all performed by a scanning device.                                 
                         6. Whether or Dance or Somashekar teaches or suggests uploading                      
                             a control screen to a user browser.                                              
                         7. Whether a person of ordinary skill in the art having common                       
                             sense at the time of the invention would have been motivated to                  
                             employ Somashekar’s embedded server in Kuwata’s system                           
                             given that Kuwata’s scanning control component is an actual                      
                             server.                                                                          

                                           FINDINGS OF FACT                                                   
                      At the outset, we note that the Examiner’s factual findings are not in                  
                dispute except with respect to the specific claim limitations argued by                       
                Appellant in the Briefs.  Only those arguments actually made by Appellant                     
                have been considered in this decision.  With respect to the anticipation                      
                rejection (Kuwata), we note that anticipation is a question of fact.  See                     

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