Ex Parte KIM - Page 14




              Appeal No. 2001-2579                                                                 Page 14                 
              Application No. 08/885,996                                                                                   


              1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992)).  "'A prima facie case of obviousness is                        
              established when the teachings from the prior art itself would . . . have suggested the                      
              claimed subject matter to a person of ordinary skill in the art.'"  In re Bell, 991 F.2d 781,                
              783, 26 USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048,                           
              1051, 189 USPQ 143, 147 (CCPA 1976)).                                                                        


                     Here, although Sasaki's PC sends "an inquiry signal . . .  to the laser printer LP,                   
              to ask the printer LP to send back the interpreter-identification data which represent the                   
              types of the language interpreters available on the printer LP," col. 7, ll. 20-23, the                      
              examiner fails to show that the signal constitutes the claimed "check data."                                 
              Furthermore, although the reference's "first RAM 16 has a suitable storage capacity for                      
              storing the print data and other data received from the personal computer PC," col. 5,                       
              ll. 48-50, the examiner fails to show that the inquiry signal is stored therein.  He further                 
              fails to allege, let alone show, that the addition of Kageyama, Gyllenskog, or AAPA                          
              cures the aforementioned deficiency of Sasaki.                                                               


                     Second, admitting that "Sasaki does not mention . . . comparing a check data,                         
              which is send to printer, with a checked data which is transmitted to a host from the                        
              printer," (Examiner's Answer at 5), the examiner concludes, "Sasaki can compare a                            
              check data from a host and a checked data from printer, because the process of data                          








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