Ex parte MCINTYRE et al. - Page 3




                 Appeal No. 97-2710                                                                                                                     
                 Application No. 08/402,080                                                                                                             


                          print jobs;                                                                                                                   
                                   a third controller, responsive to the user interface                                                                 
                          selection of a printer only mode or a printer & facsimile                                                                     
                          mode to prevent access to the printer by the facsimile                                                                        
                          circuit when printer only mode is selected, and                                                                               
                          allowing first in, first out access to the printer by the                                                                     
                          facsimile when printer & facsimile mode is selected.                                                                          
                          The reference relied on by the examiner is:                                                                                   
                 “Delrina WinFax LITE User’s Guide,” Sixth Edition, June 1993,                                                                          
                 pages 3-12 through 3-15 and 4-1 through 4-5.                                                                                           
                          Claims 1 through 3 stand rejected under 35 U.S.C. § 103                                                                       
                 as being unpatentable over the WinFax User’s Guide.                                                                                    
                          Reference is made to the Office Action (paper number 5),                                                                      
                 the brief and the answer  for the respective positions of the2                                                                                           
                 appellants and the examiner.                                                                                                           
                                                                     OPINION                                                                            
                          The obviousness rejection of claims 1 through 3 is                                                                            
                 reversed.                                                                                                                              
                          WinFax gives a Windows user the option of combining the                                                                       
                 output of several applications (e.g., a piece created in                                                                               
                 desktop publishing, a word processed letter, an order form)                                                                            


                          2The grounds of rejection in the Answer improperly refers                                                                     
                 to more than one prior Office Action.  See Manual of Patent                                                                            
                 Examining Procedure § 1208(a) (6th ed., July 1998).                                                                                    
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