Appeal No. 1998-0938
Application 08/377,532
989, 995, 217 USPQ 1, 6 (Fed. Cir. 1983). "Additionally, when determining obviousness,
the claimed invention should be considered as a whole; there is
no legally recognizable 'heart' of the invention." Para-Ordnance Mfg. v. SGS Importers
Int'l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995), cert. denied,
519 U.S. 822 (1996), citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540,
1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
On pages 7 through 20 of the brief, appellants point out that all the independent
claims recite either an apparatus or method in which the printer is set in one of a print
mode or a facsimile mode. The claims further recite that if the printer is set in the print
mode, the facsimile data received from either a remote computer or a remote facsimile
machine is directly printed on printable medium. If the printer is set in a facsimile mode,
the received facsimile data is transferred to the host computer for a visual display on a
computer screen. Appellants argue that neither Seo nor Koshiishi teaches the print mode
or the facsimile mode as recited in these claims.
Upon our review of Seo and Koshiishi, we fail to find that the examiner has provided
evidence of a printer that is capable of being set in a print mode or a facsimile mode and
operate as set forth in appellants' claims. We note that there is no teaching in Seo to
transfer image data received from a host computer for either direct printing or
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