Appeal No. 2002-2155
Application No. 09/003,276
the word "Confidential" on the reverse side of sheets to indicate
confidentiality. However, even if this were so, we note that the
teachings of Higashio do nothing to make up for or otherwise
supply that which we have indicated above to be lacking in the
teachings of Kanou. Neither Kanou nor Higashio disclose a "means
for selecting a confidential mode" as set forth in claims 1 and
10 on appeal, a "means for designating the image as confidential
when a confidential mode has been selected" as in claim 14, or "a
designating device designating the image as a confidential image
when a confidential mode has been selected" as in claim 16.
Thus, Higashio fails to bridge the gap between Kanou and the
subject matter of the rejected claims and would not have taught
or suggested the claimed invention as a whole in combination with
Kanou. Accordingly, the examiner's rejection of claims 8 and 10
through 17 under 35 U.S.C. § 103(a) will also not be sustained.
To summarize, neither the examiner's rejection of claims 1,
3, 5 through 7 and 9 under 35 U.S.C. § 102(b) as being
anticipated by Kanou, nor the rejection of claims 8 and 10
through 17 under 35 U.S.C. § 103(a) based on Kanou and Higashio
has been sustained.
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