Appeal No. 2001-0865
Application 08/998,781
Zimmerman does not need a counter to determine when to print
the print data; Zimmerman prints when the buffer is filled to the
buffer threshold. Thus, we find no motivation to add a print
transmittal routine, which functions as claimed, to Zimmerman.
We conclude that the examiner has failed to establish a prima
facie case of obviousness as to claim 6. The rejection of
claims 6, 18, and 19 is reversed.
Argument that final rejection was premature
Appellant argues that the final rejection is premature and
should be withdrawn (Br17-25). This is a procedural issue that
is not within the Board's jurisdiction, which is limited to those
matters involving the rejection of claims. In re Hengehold,
440 F.2d 1395, 1404, 169 USPQ 473, 480 (CCPA 1971). Such matters
are reviewable by petition to the Commissioner.
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