Ex Parte CRONCH et al - Page 13




                 Appeal No. 2002-1710                                                                                 Page 13                     
                 Application No. 09/023,441                                                                                                       


                 "allow[ing] the deletion of downloaded fonts as long as they are not needed for the                                              
                 current or future pages being printed for the current job," abs., ll. 9-11, and "selectively                                     
                 delet[ing] previously downloaded temporary or permanent fonts and macros."  Col. 2,                                              
                 ll. 8-10.  Deleting data is not tantamount to overwriting data.                                                                  


                         The examiner does not allege, let alone show, that the addition of Sasaki cures                                          
                 the aforementioned deficiency of Kashiwazaki and Brown.  Absent a teaching or                                                    
                 suggestion of writing an operating system downloaded from a host computer into an                                                
                 area of a printer, thereby destroying the operating system previously stored therein, we                                         
                 are unpersuaded of a prima facie case of obviousness.  Therefore, we reverse the                                                 
                 obviousness rejection of claim 2 and of claim 3, which depends therefrom.                                                        


                                                                 C. CLAIM 12                                                                      
                         Admitting that "Sasaki fails to teach the printer requesting the downloading," the                                       
                 examiner finds, "Bringmann teaches that it is well known in the art of printing to allow                                         
                 the printer to sample of print data associated with the print job from the host to a printer                                     
                 and analyze the sample print data, and detect inability to select operating system (e.g.[,]                                      
                 col. 4, lines 23-25)."  (Examiner's Answer, § 11, ¶ 3.)  He concludes, "it would have                                            
                 been obvious . . . to provide the printing system as taught by the combination of Sasaki                                         
                 and Kashiwazaki et al. with the means of Bringmann because of the following reasons:                                             








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