Appeal No. 2001-0830
Application No. 08/917,718
data is font scaler data, the total number of bits to be sent,
font scaler data, and check sum data...” If this font scaler
data is “environment setting data,” as claimed, [the font scaler
is defined, at column 1, lines 18-19, as a function of generating
character patterns], then it might be reasonably said that
Kashiwazashi teaches a determination as to whether certain input
data is print data or environment setting data. However, we find
no teaching within Kashiwazashi that this determination is based
on a header code included in the header portion of the data
received from the computer, as claimed. The examiner refers us
to column 11, lines 51-60, of Kashiwazaki for such a teaching but
it is unclear to us that this portion of the reference teaches
what the examiner alleges it teaches.
Thus, as alleged by appellant, at page 7 of the principal
brief, “even assuming that a header is described in the cited
lines, this still does not correct the deficiency that the
reference does not necessarily teach that distinctions between
print and header data are made by a determining means based on
the header.” Since the examiner’s position appears to be based
on speculation, we will not sustain the rejection of claims 1 and
4 under 35 U.S.C. 102(e).
-5–
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007