Ex parte MARSHALL - Page 11




          Appeal No. 96-0712                                        Page 11           
          Application No. 08/015,756                                                  


          20 to a computer terminal port and there is a source listing                
          for the computer program used with the microprocessor.  The                 
          examiner concludes, therefrom, that “the fax controller can be              
          a fax computer or according to claims 12 and 13, a central                  
          server computer disposed on the networked computer system.”  We             
          find no fault with the examiner’s reasoning and we have no                  
          reply brief from appellant refuting the examiner’s reasoning.               
          Appellant’s response, in toto, to the examiner’s allegations is             
          merely to state that “this is not true” [brief-page 6] and to               
          point to page 2, lines 3-9 of the instant specification.  We                
          have referred to that portion of the specification which refers             
          to a typical LAN system.  The claims are not specificaly                    
          directed to a LAN system and, to the extent that they are, we               
          do not understand how a reference in the specification to a LAN             
          system refutes the examiner’s allegation that the fax                       
          controller of Herbst serves the function of the claimed                     
          “networked computer system.”                                                
               Appellant further takes issue with the examiner’s                      
          identification of computer 70 of Herbst as the claimed “first               
          facsimile-compatible modem coupled to the facsimile                         









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