Appeal No. 2003-0063
Application No. 09/201,919
may not be established by probabilities or possibilities. The mere
fact that a certain thing may result from a given set of
circumstances is not sufficient.” Id. citing Continental, 948 F.2d
at 1269, 20 USPQ2d at 1749.
Further, although we do not necessarily disagree with the
Examiner’s generalized assertion that print data needs to be
defined to produce a consistent result, such a generalization does
not address the specific print data relationships recited in each
of the appealed independent claims. We would also point out that,
contrary to the Examiner’s contention that the feature of using
data structure and data definitions to create a data message is not
in certain appealed claims (Answer, page 8), we find such a data
creation feature in all of the independent claims.
In view of the above discussion, since all of the claim
limitations are not present in the disclosure of Beer, we do not
sustain the Examiner’s 35 U.S.C. § 102(e) rejection of independent
claims 1, 2, 7, and 8, nor of claims 4, 6, 9, 11, 12, and 14-17
dependent thereon.
Turning to a consideration of the Examiner’s 35 U.S.C.
§ 103(a) rejection of dependent claims 3, 5, 10, and 13 based on
the combination of Beer and D’Andrea, we do not sustain this
rejection as well. In addressing the limitations in these
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