Ex parte SIMONOFF - Page 6




             Appeal No. 1998-0624                                                                                 
             Application No. 08/373,118                                                                           


             inherently contain an original graphic image (answer-page 3).                                        
             Now, in response to Appellant’s argument, the Examiner                                               
             contends that controller 42 constructs a logical page                                                
             comprising checks (i.e., an original graphic image) which is                                         
             then sent to Raster Image Processor 62 which is a computer                                           
             (answer-page 7).                                                                                     
                    We are not convinced by the Examiner regardless of                                            
             whether 42 is considered to be the computer, or the new                                              
             contention that 62 is now considered to be the computer.  The                                        
             claim clearly requires an original graphic image input into a                                        
             computer.  The Examiner’s proposed inherent or constructed                                           
             graphic image is not the original graphic image required by                                          
             the claim.                                                                                           
                    The next step of claim 1 recites “scanning of said                                            
             graphic image within computer memory using an OCR program.”                                          
             Appellant argues “Appellant scans and analyzes an already                                            
             formed image while Hanson et al produces a latent image which                                        
             is subsequently developed.  Appellant’s scanning contemplates                                        
             the examination in sequential fashion of the image in computer                                       
             memory by an OCR program.”  (Brief-page 9.)                                                          


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