Appeal No. 2002-0279
Application No. 09/164,795
the data format while IBM teaches the user selecting the data
format. The examiner has made no convincing showing as to why it
would have been obvious to modify the teaching of a user-selected
data format by making it a software application-selected data
format, as claimed. Accordingly, we will not sustain the
rejection of claim 7 under 35 U.S.C. § 103.
Similarly, we will not sustain the rejection of claim 16
under 35 U.S.C. § 103 because claim 16 stands with claim 7 and
claim 16 also includes the limitation of selecting a region of a
document and then selecting an application program that will
accept data in a format available from the preselected region.
While appellants group claim 5 in Group I, with claims 1-4,
6, 8-15 and 17-23, appellants do make a separate argument as to
claim 5, at page 17 of the brief. Accordingly, we will treat
this claim separately.
The examiner’s position is that IBM teaches scanning black
and white text images (page 29-The Settings Box) but does not
teach a scalable vector. The examiner relies on Sobol for a
disclosure of black and white data values, with an image being
scaled as necessary, referring to column 8, lines 25-30 and 37-
42. The examiner says this is equivalent to the claimed
“...black and white scalable vector...” and that it would have
-10–
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007