Appeal No. 2002-1710 Page 14
Application No. 09/023,441
a) in order to inform the host computer that an operating system needs to be
downloaded; and b) allow the printer to request an operating system download when it
is needed." (Id.) The appellants argue, "Bringmann is completely silent as to using
printer 10 to request from host computer 11 any type of operating system." (Appeal Br.
at 19.)
1. Claim Construction
Claim 12 recites in pertinent part the following limitations: "said downloading step
includes the step of using the printer to request from the host computer said operating
system which corresponds to said data format." Giving the claims its broadest,
reasonable construction, the limitations require that the printer request from the host
computer the operating system to be downloaded.
2. Obviousness Determination
We agree with the appellants that Bringmann is silent as to using a printer to
request from a host computer any type of operating system. The passage cited by the
examiner merely mentions "[a] procedure . . . provided to handle an inability to select a
language according to the n-gram patterns found in the sample vector." Col. 4, ll. 23-
25. The reference explains, moreover, that "[t]he procedure . . . will have to . . . initiate
alternative processing, such as using an alternative algorithm to select an interpreter
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