Appeal No. 2002-2155
Application No. 09/003,276
selecting means 220 and control means 202 which can be
programmed to designate whether the image to be formed
is confidential by directing the apparatus to operate
in a "confidential mode" (i.e., with an image folded in
two, the image folded inside, stapled over, and with a
reverse side image). The control means 220 is an
interface with selection keys; see figure 109.
With reference to claims 7 [sic, claim], Kanou discloses
reverse side image forming means which may include means to
denote the sheet is confidential, so this limitation is
inherent in the system disclosed by Kanou (answer,
pages 3-4).
On page 5 of the answer, the examiner makes the further
assertion that Kanou teaches a plurality of control keys (231-
236) in order to select a confidential mode, and on page 6, that
each key of the plurality of keys is individually considered to
be "a means for selecting a confidential mode i.e., control key
236 (figure 109) for selecting a confidential two folding mode."
Having reviewed and evaluated the teachings of the applied
Kanou reference, we are of the opinion that the examiner's
position regarding the purported anticipation of independent
claim 1 on appeal has improperly disregarded the full details of
the "means for selecting a confidential mode" set forth in
appellants' claim 1. More particularly, we share appellants'
view that the examiner has failed to properly interpret the
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