Ex Parte NIELSEN - Page 5




          Appeal No. 2000-0962                                                        
          Application 08/885,801                                                      


          processor 66 [steps 94, 102 and 112].  As noted by the examiner,            
          the manual use of a template and the manual verification of the             
          data are both optional steps as indicated by a negative template            
          defines response and a negative verification display response in            
          Figure 3 of Fitzpatrick.                                                    
          With respect to claim 2, appellant argues that                              
          Fitzpatrick only stores data in a separate step after a user has            
          selected the option of storing the data, and does not                       
          unconditionally store the text as part of storing the image                 
          [brief, page 7].  The examiner responds by explaining how the               
          Fitzpatrick device meets the language of claim 2 [answer, pages             
          6-7].                                                                       
          We agree with the examiner.  As shown in Figure 3 of                        
          Fitzpatrick, the step of “store data with image” (step 112) is              
          always performed as long as there is text or number information             
          found within the image and the user wishes to have such                     
          information stored.  The invention of claim 2 is, therefore, met            
          by Fitzpatrick at the option of the user.  We sustain the                   
          rejection of claim 2.                                                       
          With respect to claim 4, appellant argues that                              
          Fitzpatrick does not teach or suggest a parser [brief, page 7].             
          The examiner responds that the step of reading text and numbers             

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