Ex Parte Green - Page 8

                Appeal 2007-1271                                                                              
                Application 10/005,583                                                                        
                      b. The Examiner disagrees.  The Examiner argues that Kuwata’s                           
                      server functions as a document scanner and is accessible by utilizing a                 
                      browser (Figure 3; p.1, ¶ 8).  Therefore, the Examiner concludes that                   
                      Kuwata discloses a scan request is made using a browser to operate                      
                      the server (Answer 12).                                                                 

                      With respect to issue 1, we agree with the Examiner that Kuwata’s                       
                server functions as a document scanner that is accessible by utilizing a                      
                browser.  In particular, we find that Kuwata explicitly discloses: “the                       
                invention contemplates a client server based system wherein the server is                     
                accessible by the client across a network, preferably the Internet, utilizing a               
                browser” (Kuwata, p. 1, ¶ 0008).  Kuwata further discloses: “[a]dditionally,                  
                the server may also function as a document scanner” (id.).  Thus, we find the                 
                client (i.e., a requester of services) must inherently send a request to the                  
                server (i.e., a provider of services) to access the server, which, as disclosed               
                by Kuwata, “may also function as a document scanner” (id.).  Therefore,                       
                given the breadth of Kuwata’s disclosure, we find the weight of the evidence                  
                supports the Examiner’s position.                                                             
                                                   Issue 2:                                                   
                2. We decide the question of whether Kuwata discloses receiving                               
                selections made with a user browser.                                                          
                      With respect to issue 2, we find Appellant has admitted in the Reply                    
                Brief that Kuwata discloses receiving selections made with a user browser                     
                (See Reply Brief, p. 3, ¶ 2, ll. 4-5, i.e., “Applicant agrees [with respect to                
                Kuwata] that selections are made with a browser when a user accesses                          
                scanned documents.”).                                                                         

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