Ex parte MARSHALL - Page 12




          Appeal No. 96-0712                                        Page 12           
          Application No. 08/015,756                                                  


          store-and-forward computer.”  As explained by the examiner, at              
          page 20 of the answer, “the computer 70 connected to the fax                
          controller receives the fax message, store [sic, stores] them               
          in the disk storage 76 and transmits it to other local computer             
          70.  Therefore, the computer 70 connected to the fax controller             
          can represent the facsimile store-and-forward computer as                   
          claimed in claims 12 and 13.”  While we may find fault with the             
          grammar, we find no fault with the examiner’s reasoning.  In                
          response, appellant merely “disagrees” [brief-bottom of page 6]             
          and refers to column 9, lines 4-14 of Herbst, alleging that the             
          description therein does not disclose a first facsimile                     
          compatible modem.  If appellant is suggesting that no “modem”               
          is explicitly described therein, we agree with the examiner                 
          that a modem is inherently taught by Herbst since telephone                 
          communication between computers is employed.                                
               While appellant discusses a reference to “Normura” [sic,               
          Normura] at page 7 of the brief, we note that this reference no             
          longer forms part of the examiner’s rejection.  Insofar as the              
          argument at page 7 of the brief concerns Herbst, appellant                  
          contends that the reference does not teach a “LAN server to                 
          allow a group of user’s [sic] to share a single fax modem                   







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