Ex Parte INAMINE - Page 3




           Appeal No. 2001-0830                                                                      
           Application No. 08/917,718                                                                


                                              OPINION                                                


                 With regard to independent claim 1, the examiner takes the                          
           position that the claim is anticipated by Kashiwazaki for the                             
           reasons set forth at pages 2-3 of the answer.  We have reviewed                           
           the examiner’s reasoning and have studied the various portions of                         
           Kashiwazaki identified by the examiner as disclosing certain                              
           claimed elements and we agree with appellant that Kashiwazaki                             
           does not anticipate the claim for at least the following reasons.                         
                 Claim 1 requires the data received from the computer to                             
           include a “header” and a “data” portion and that a determination                          
           is made as to whether data input is print data or environment                             
           setting data based on a header code included in the header                                
           portion.                                                                                  
                 The examiner points to column 11, lines 50-60, of                                   
           Kashiwazaki for a teaching of a “header portion” and to Figure 19                         
           and column 15, lines 4-10, for a teaching of a “data portion.”                            
           The examiner then points to CPU 22 in Figure 2 of Kashiwazaki as                          
           the “determining means” for determining whether the data input is                         
           print data (pointing to column 7, lines 34-37) or environment                             
           setting data (pointing to column 9, lines 37-45) and that this is                         
           based on a header code included in the header portion of the data                         
                                                -3–                                                  





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