Ex parte VIETH - Page 6




          Appeal No. 1997-0017                                                        
          Application No. 08/188,365                                                  


          data is being input by the scanner.  D’Aoust’s teaching                     
          (column 18, lines 50 through 53) that “buffers 418, 420, 422                
          and 424 allow for up to three images to be packed while one is              
          being read by the communications processor 74" is irrelevant                
          to the claimed invention because the buffers 418, 420, 422 and              
          424 that form the compressed data buffer 64 (Figures 2 and 7)               
          receive image data after the compression operation in                       
          transposer compressor assembly 60.                                          
               When the teachings of D’Aoust are considered in toto, it               
          is very clear that the document 16 is completely scanned                    
          before the initiation of the compression operation (column 5,               
          line 3 through column 6, line 46).                                          
               Even if we assume for the sake of argument that it would               
          have been obvious to one of ordinary skill in the art to                    
          modify D’Aoust with the disparate teachings of Kaku,                        
          Chatterjee and Rohrer, the initiation of compression while the              
          document is still being scanned would not have been taught nor              
          would it have been suggested by the combined teachings of the               
          references.  In summary, the obviousness rejection of claims                
          1, 2, 4, 9, 10, 12 through 14, 16 and 17 is reversed.                       


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