Ex parte SIMONOFF - Page 7




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


                    Initially the Examiner’s rejection indicated that                                             
             scanning was accomplished by Hanson’s scanner 15 (answer-page                                        
             3).  Now, in response to Applicant’s argument, the Examiner                                          
             contends, “the created graphic image (i.e., a check) from                                            
             controller 42 is inputted into RIP 62 in which certain page                                          
             formats stored in memory 61 are used (col. 5, lines 38-47).”                                         
             (Answer-page 8.)                                                                                     
                    Again, we are not convinced by the Examiner regardless of                                     
             whether 15 is considered to be the scanner, or the new                                               
             contention that 62 is now considered to be the scanner.  In                                          
             both renditions of the Examiner’s explanation of scanning, we                                        
             see no mention of the scanning being done using an OCR program                                       
             as claimed.  We also note that the Examiner considered 62 to                                         
             be the computer for purposes of inputting an original graphic                                        
             image supra.  Although the Examiner points to Blaylock for the                                       
             use of OCR, Blaylock’s statement “But the invention has equal                                        
             application with CMC7 or OCR applications,” is too vague to                                          
             suggest how OCR might be used in Hanson.                                                             
                    The fact that the Examiner changes and adapts the                                             
             application of the cited art, based upon Appellant’s                                                 


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