Appeal No. 2001-1123
Application No. 08/990,759
communications over said communications interface using a connectionless protocol and to
selectively complete a communications exchange using the connectionless protocol or to switch to a
connection oriented protocol depending upon a response received over said communications
interface.
The references relied on by the examiner are:
Motoyama 5,909,493 June 1, 1999
(filed Oct. 16, 1996)
Shimokawa 5,919,250 July 6, 1999
(filed May 10, 1996)
Claims 1, 3, 4, 8, 10 through 15, 19 through 22, 24 through 27, 29 and 32 stand rejected
under 35 U.S.C. § 102(e) as being anticipated by Motoyama.
Claims 2, 5 through 7, 9, 17, 23, 28, 30, 31 and 33 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Motoyama in view of Shimokawa.
Reference is made to the brief (paper number 12) and the answer (paper number 13) for the
respective positions of the appellants and the examiner.
OPINION
We have carefully considered the entire record before us, and we will sustain the 35 U.S.C.
§ 102(e) rejection of claims 1, 3, 4, 8, 10 through 12, 15, 19, 20, 22, 24, 25, 27, 29 and 32, and the
35 U.S.C. § 103(a) rejection of claims 2, 5 through 7, 9 and 30. On the other hand, we will reverse
the 35 U.S.C. § 102(e) rejection of claims 13 14, 21 and 26, and the 35 U.S.C. § 103(a) rejection of
claims 17, 23, 28, 31 and 33.
Motoyama uses either a connectionless mode of communication or a connection mode of
communication to monitor the operation of a machine (e.g., a copier). The connection mode of
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