Appeal No. 96-2040
Application No. 08/221,370
Claims 18 through 20 and 72 through 102 stand rejected
under 35 U.S.C. 103 as unpatentable over Mizutori.
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
OPINION
We reverse.
In our view, while the instant independent claims appear
rather broad in nature, the examiner has simply not made out a
prima facie case of obviousness regarding the claimed subject
matter.
Each of the instant independent claims requires, at
least, the determination of a workload value for a first
facsimile machine, the determination of whether that workload
value exceeds a predetermined value and, if the workload value
does, indeed, exceed the predetermined value, then
transferring stored data files from the first facsimile
machine to another facsimile machine. Thus, there must be a
determination that the workload value exceeds a predetermined
value.
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