Appeal No. 2002-2155
Application No. 09/003,276
Appellants' system includes a single control key (120) for
selecting a confidential mode to designate the image as
confidential and for automatically setting in motion associated
hardware and software of the image forming system for copying in
a confidential mode whereby when a sheet bearing a copied
confidential image reaches the finisher (9) it is automatically
folded to hide the confidential image inside and then stapled to
prevent access thereto. By contrast, Kanou makes no mention
whatsoever of copying in a confidential mode and neither carries
out the function of selecting a confidential mode nor includes
structure that is either identical to, or insubstantially
different from, appellants' claimed confidential mode selection
key (120) and its associated hardware and software.
The examiner's theory that folding mode selector key (242)
and related indicator (236) of Kanou correspond to appellants'
claimed "means for selecting a confidential mode" and inherently
define a confidential procedure or mode of operation, is, for the
reasons set forth in appellants' brief and reply brief, entirely
without foundation. In appellants' invention, an operator need
only press one key, the confidential mode selection key (120), to
set the imaging forming system into the confidential mode that
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