Appeal No. 96-0712 Page 6
Application No. 08/015,756
individual computers on the networked computer system and not
through additional modems. The argument is irrelevant to the
instant claimed subject matter before us. An examiner’s
refusal of entry of an amendment is a matter petitionable to
the Commissioner of Patents and Trademarks. The examiner’s
decision to refuse such entry is not appealable under 37 CFR
1.191. Thus, we deal with the actual claims, of record, before
us and such claims do not include the proposed amendment.
Appellant argues that Gordon requires a modem for each
terminal and, in addition to extra telephone lines, Gordon’s
system requires “a more complicated method for secure delivery
of facsimile messages.” It is not seen how such an argument
relates to the instant invention, as claimed. We find nothing
in instant claim 1, for example, that precludes a modem for
each terminal and a “complicated method for secure delivery.”
At the top of page 4 of the brief, appellant contends that
the examiner has not cited any reference “which teaches or
suggests this direct and secure delivery of a fax message
through a LAN.” We find nothing in instant claim 1 which
requires a LAN. The claim only recites a “networked computer
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