Appeal No. 2002-2034
Application No. 09/175,080
associated with a group of destinations, and an oscillator circuit
operable to receive a reset signal from the detecting circuit to
cause a timer to begin running. The oscillator circuit drives the
sequential switching circuit whereby after the single button group
dialer is activated a user is prompted to manually enter an
additional desired destination and the facsimile machine transmits
the image in a single operation. (Examiner’s Answer, page 8, line
5 - page 9, line 3)(citations omitted).
The appellant does not directly challenge these factual
findings of the examiner. Rather, the appellant asserts that the
rejection is defective in that the claimed invention requires all
of the destinations (including automatic dialing groups and
additional destinations) are entered before any of the facsimile
messages are sent. (Appeal Brief, page 4, last 3 lines for claim
1; page 5, lines 1-7 for claim 8; page 5, lines 8-11 for claim
15)(emphasis added).
Fukushima, it is argued, discloses a different order of
steps, wherein the fax machine sends the fax to the predetermined
dialing group, then the user enters additional destinations, and
the machine then sends the fax to the additional destinations.
(Id., page 6, line 5 - page 7, line 3). Consequently, it is
urged, Fukushima cannot anticipate the instant claims.
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