Appeal No. 2001-0865 Application 08/998,781 transmission time before it can start the print engine (Br31; RBr22-25). Zimmerman does not transmit the transmission time, but only uses the transmission time to set the buffer threshold. Zimmerman starts the print engine at a time when the buffer threshold is reached (the "print recognition time") and does not need to know the transmission time. Thus, we conclude that the examiner has failed to establish a prima facie case of obviousness as to claim 9. The rejection of claims 9-12 is reversed. Claims 6, 18, and 19 The examiner finds that the combination of Zimmerman and Saruwatari do not teach use of a counter to track data of a predetermined size but, because Zimmerman is a page printer, he must have a counting device to track a page of data (EA7). The examiner finds that Wakabayashi teaches use of a counter to count the amount of data transmitted and concludes that it would have been obvious to use a counter to track a page of data "because a counter is an efficient way of counting the amount of data and efficiency is desirable in Zimmerman's print system" (EA7). Appellant argues that the examiner erred as to the rejection of claim 6 because the fact that a counter is known per se is not evidence of obviousness (Br29-30; RBr25-27). - 13 -Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007