Ex Parte KASSMANN - Page 4




          Appeal No. 2001-0954                                                        
          Application No. 08/977,193                                                  

          desired.”  On the other hand, we agree with the examiner (answer,           
          page 4) that Austin has a facsimile user profile to process a               
          facsimile image in light of Austin’s teaching “to use the user              
          profile and attribute to control how the image is processed                 
          . . . . ”                                                                   
               Appellant argues (brief, page 9) that “the invention of                
          Austin is concerned with the distribution or outgoing delivery of           
          a facsimile message whereas the present invention is concerned              
          with printing or other processing of a received or incoming                 
          facsimile document.”  Stated differently, appellant seeks to                
          limit the user profile in Austin “to the sending of a document,             
          not the receiving of a fax” (reply brief, page 4).  Appellant’s             
          arguments to the contrary notwithstanding, an incoming facsimile            
          document from the client is sent via the network in Austin                  
          (Figure 13), and the facsimile is then processed in accordance              
          with the attributes of the user profile.  Nothing in the claims             
          on appeal precludes the distribution of the facsimile document by           
          the distribution agent to the facsimile printing subsystem                  
          (Figure 13).  The user profile in Austin is, therefore, “at the             
          receiving end of a facsimile message” (brief, page 10).  Thus,              
          the obviousness rejection of claims 1, 7 and 17 is sustained.               



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