Ex Parte Green - Page 11

                Appeal 2007-1271                                                                              
                Application 10/005,583                                                                        
                      b. The Examiner disagrees.  The Examiner argues that Kuwata                             
                      discloses that the server functions as a document scanner (see Kuwata,                  
                      p. 1 ¶ 0008) (Answer 15, ¶ 2).                                                          

                      With respect to issue 5, we note, e.g., that the language of dependent                  
                claim 21 (i.e., “wherein the receiving, uploading, and scanning are all                       
                performed by a scanning device”) further limits the language of independent                   
                claim 1.  Thus, claim 21 requires that the receiving, uploading, and scanning                 
                steps of claim 1 are performed by a scanning device.  We note again that                      
                Appellant has admitted in the Reply Brief that Kuwata discloses receiving                     
                selections made with the user browser when the user accesses scanned                          
                documents (see discussion of Issue 2; see also claim 1; see also Reply Brief,                 
                p. 3, ¶ 2, ll. 4-5).  We also find Appellant has admitted in the Brief that                   
                Kuwata’s “scanning control component is an actual server” (see Brief, p. 17,                  
                ¶ 2, l. 3).  Therefore, when the language of claim 21 is read as a further                    
                limitation of claim 1, we find that receiving selections (i.e., scanned content)              
                with the user browser (as admitted by Appellant) corresponds to uploading                     
                content to the user browser from the perspective of Kuwata’s server (as                       
                opposed to uploading from the server a control screen or an application to                    
                the user browser that we have found supra is not disclosed by Kuwata).  We                    
                again point out that Kuwata discloses “the server may also function as a                      
                document scanner” (p. 1, ¶ 0008).  Thus, we find the weight of the evidence                   
                supports the Examiner’s finding that Kuwata discloses a scanning device                       
                (i.e., a server that functions as a document scanner) that performs the recited               
                receiving, uploading, and scanning steps.                                                     


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