Ex Parte NEFF et al - Page 3




          Appeal No. 2002-0279                                                        
          Application No. 09/164,795                                                  



               Claims 1-4, 6 and 10-14 stand rejected under 35 U.S.C.                 
          § 102(a) as anticipated by IBM.                                             
               Claims 1-4, 6, 7, 9-16 and 20-23 stand rejected under                  
          35 U.S.C. § 103 as unpatentable over IBM.  Claim 5 stands                   
          rejected under 35 U.S.C. § 103 as unpatentable over IBM in view             
          of Sobol.  Claims 8 and 17-19 stand rejected under 35 U.S.C.                
          § 103 as unpatentable over IBM in view of Photoimpact.                      
               Reference is made to the brief and answer for the respective           
          positions of appellants and the examiner.                                   


                                       OPINION                                        


               At the outset, we note that, in accordance with appellants’            
          grouping at pages 3-4 of the brief, claims 1-6, 8-15 and 17-23              
          will stand or fall together and claims 7 and 16 will stand or               
          fall together.                                                              
               The examiner contends that IBM discloses a preview scan at             
          page 36, meeting the claim language, “launching a preview scan of           
          a document creating a preview scan of said document.”  The                  
          preview scan area is said to be disclosed at page 37 of IBM, for            
          a disclosure of the claimed, “displaying said preview scan data             

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