Ex Parte KIM - Page 13




              Appeal No. 2001-2579                                                                 Page 13                 
              Application No. 08/885,996                                                                                   


              to the printer according to the characteristic of the printer's CPU.  Therefore, we affirm                   
              the rejection of claim 3.                                                                                    


                                                       Claims 4-9                                                          
                     Rather than reiterate the positions of the examiner or the appellant in toto, we                      
              address two points of contention therebetween.  First, the examiner alleges, "Sasaki                         
              teaches . . . receiving the check data (i.e., inquiry signal) and storing the check data in a                
              memory (i.e., RAM 16 discussed in col. 5, line 48-50). . . ."  (Examiner's Answer at 5.)                     
              The appellant argues, "[t]here has been no prima facie showing that Sasaki's 'inquiry                        
              signal' is data and there has been no showing that the 'inquiry signal' is stored in                         
              Ram 16."  (Reply Br. at 13.)                                                                                 


                     Claim 4 specifies in pertinent part the following limitations: "(a) transmitting form                 
              values corresponding to data processing forms of said printer to said printer as check                       
              data each time a print request occurs;  (b) receiving said check data and storing said                       
              check data in a memory in the printer. . . ."                                                                


                     "In rejecting claims under 35 U.S.C. Section 103, the examiner bears the initial                      
              burden of presenting a prima facie case of obviousness."  In re Rijckaert, 9 F.3d 1531,                      
              1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993)(citing In re Oetiker, 977 F.2d 1443,                             








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