Ex parte LEVINE et al. - Page 7




          Appeal No. 1995-4366                                       Page 7           
          Application No. 08/150,744                                                  


                           Obviousness of Claims 178-183                              
               Regarding claims 178-183, the appellants argue,                        
          “Sakakibara fails to teach a data processor which receives an               
          image from a facsimile device, interprets portions of the                   
          image as data processor commands, and executes the specified                
          data processor commands to retrieve stored information.”                    
          (Appeal Br. at 12.)  The examiner replies, “Appellant is                    
          relying on limitations not found in the claims ....”                        
          (Examiner’s Answer at 10.)  We agree with the appellants.                   


               The examiner errs in interpreting the scope of the                     
          claims.  Claim 178 specifies in pertinent part “said data                   
          processor transmitting data, responsive to said recognized                  
          graphical or textual images, to a remote location.”  To                     
          responsively transmit data to a remote location, the data                   
          processor must first recognize portions of the received image               
          data as transmission commands.  Giving claim 178 its broadest               
          reasonable interpretation, therefore, the claim requires                    
          recognizing portions of the received image data as                          
          transmission commands.                                                      









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