Ex Parte KASSMANN - Page 6




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

               Turning lastly to claim 13, appellant argues (brief, pages             
          13 and 14) that “the paper color detector in Imai is used in                
          coordination with an ‘ink remaining’ function to determine if               
          enough ink resides in the system to print . . . , ” whereas “the            
          present invention of claim 13 requires a first and second paper             
          tray to be loaded with different color paper and that when a                
          facsimile user profile includes a specification of paper color              
          for fax output, that the paper tray containing the specified                
          color be enabled.”  We agree.  The obviousness rejection of claim           
          13 is reversed.                                                             
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through                
          19 under 35 U.S.C. § 103(a) is affirmed as to claims 1 through              
          12, 14, 15 and 17 through 19, and is reversed as to claims 13 and           
          16.  Accordingly, the decision of the examiner is affirmed-in-              
          part.                                                                       











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