Appeal No. 2002-0279
Application No. 09/164,795
image data in said memory in said computer system.” Finally, the
examiner contends that IBM discloses sending a final scan image
data to application software, at page 26, noting Action Creator,
Dependent Application, p.37 at arrows, and page 38. This is said
to meet the claimed, “sending said image data to said selected
software application.”
The examiner appears to establish a prima facie case of
anticipation with regard to the subject matter of independent
claim 1 by identifying each and every claimed limitation and
specifically pointing out where in the reference each claimed
element is found. The burden now shifts to appellants to show
error in the examiner’s analysis.
It is appellants’ position that the independent claims
require that an area of a scanned document be selected first,
narrowing the options to the one or more formats, or types, of
the data available, and then a software application is selected
that can utilize one of the formats selected. In contrast,
contend appellants, IBM requires that the data format be
predefined before a region is selected so that the user must
first know that the area selected from the document will generate
the correct format of data that the software application can use,
otherwise the software application will fail (see brief-page 4).
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