Appeal No. 96-3635
Application 08/209,096
data is being generated. Dinan does not discuss
continuing document transport even though unacceptable quality image data is being generated. A prior
art reference that teaches away from the claimed invention is a significant factor to be considered in
determining obviousness. In re Gurley, 27 F.3d 551, 553, 31 USPQ2d 1130, 1132 (Fed. Cir. 1994).
Whereas the rejection of independent claims 1 and 9 will not be sustained, the rejection of
dependent claims will also not be sustained.
REVERSED
STANLEY M. URYNOWICZ, JR )
Administrative Patent Judge )
)
)
)
JERRY SMITH ) BOARD OF PATENT
Administrative Patent Judge )
) APPEALS AND
)
) INTERFERENCES
JAMES T. CARMICHAEL )
Administrative Patent Judge )
9
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