Ex parte LEVINE et al. - Page 6




          Appeal No. 1995-4366                                       Page 6           
          Application No. 08/150,744                                                  


          “recognize” means “to perceive as existing ....”  The Random                
          House College Dictionary 1103 (1973).  Giving claim 177 its                 
          broadest reasonable interpretation, the claim merely recites                
          perceiving the existence of facsimile image data.                           


               Lin discloses an interface device for the                              
          intercommunication of a computer and a facsimile machine.                   
          Col. 1, ll. 8-9.  When image data are transmitted from a                    
          remote facsimile machine, the data can be sent to a local                   
          computer (3) and stored in its memory or displayed on its                   
          monitor.  Col. 11, ll. 52-54.  To store or display the image                
          data, the local computer must first perceive the existence                  
          thereof.  In other words, the computer must recognize the                   
          image data.                                                                 


               For the foregoing reasons, we affirm the rejection of                  
          claim 177.  The affirmance is based only on the arguments made              
          in the briefs.  Arguments not raised in the briefs are not                  
          before us, are not at issue, and are thus considered waived.                
          Next, we address the obviousness of claims 178-183.                         









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