Ex Parte KIM - Page 11




              Appeal No. 2001-2579                                                                 Page 11                 
              Application No. 08/885,996                                                                                   


                     Claim 3 specifies in pertinent part the following limitations: "said data processing                  
              form comprising one of a byte form, a word form, and a long word form, and if said data                      
              processing form comprises said word form, then said data processing form comprises                           
              one of a high order type and a low order type."  Giving the claim its broadest,                              
              reasonable construction, the limitations require confirming whether the printer uses a                       
              byte form, a word form, or a long word form and, if the form comprises the word form,                        
              then confirming whether the form comprises  a high order type or a low order type.                           


                     "'The use of patents as references is not limited to what the patentees describe                      
              as their own inventions or to the problems with which they are concerned.  They are                          
              part of the literature of the art, relevant for all they contain.'"  In re Heck                              
              699 F2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re                                   
              Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).  Accordingly, “[a]ll                          
              of the disclosures in a reference must be evaluated for what they fairly teach one of                        
              ordinary skill in the art.”  In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                           
              1966)).                                                                                                      


                     Here, although the aforementioned embodiment of Sasaki is concerned                                   
              specifically with confirming that a print driver used by the reference's PC is compatible                    
              with a language interpreter used by its printer, Sasaki more generally teaches the                           








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