Appeal No. 96-2040
Application No. 08/221,370
We find no such predetermined value taught or suggested
in Mizutori.
On the contrary, as pointed out by appellants, and not
seriously disputed by the examiner, Mizutori alleviates
imbalances in image data processing by storage and exchange
units, not facsimile machines, as such, and does so by
periodically calculating the quantity of image information per
communication line in each storage and exchange unit and
requiring transfer of files between storage and exchange units
to produce equal workloads between units regardless of any
predetermined number of files within any one storage and
exchange unit. From the discussion at column 5, lines 6-30 of
Mizutori, Mizutori appears to balance unequal workloads only
at preset times, rather than by comparing a workload value
with a predetermined value and transferring files only when
the predetermined value is exceeded, as in the instant claimed
invention. The claimed predetermined value ensures that
transfers of files between facsimile machines occurs only when
a facsimile machine is overloaded whereas Mizutori’s device
requires transfer of files in order to equalize workloads even
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