Ex Parte WU et al - Page 6




          Appeal No. 2003-0237                                                        
          Application No. 09/157,895                                                  

               contains the “text-based characterization” of output                   
               device and meets the broad claim limitation.                           
               The portions of Shaw relied upon by the examiner disclose              
          that the minidriver contains data characterizing the output                 
          device, but do not disclose that the characterization is text               
          based.  The examiner’s argument indicates that Shaw discloses a             
          “text based minidriver”, “text based characterization” and “text            
          data”, but those disclosures are not in the reference.                      
               We therefore find that the examiner has not carried the                
          burden of establishing a prima facie case of anticipation of the            
          inventions claimed in the appellants’ claims 1 and 11.                      
          Accordingly, we reverse the rejection of these claims and                   
          claims 2-4, 6-10 and 12-17 that depend therefrom.                           
                                  Claims 18 and 20                                    
               The appellants’ claim 18 requires creating, using a text               
          editor, a text based minidriver containing a text based                     
          characterization of a printer device, and claim 20 requires                 
          opening a minidriver in a text editor, modifying the minidriver,            
          and saving the minidriver in the text editor.                               
               Millman discloses a system for designing complex, graphics-            
          based forms and then generating control specifications for                  
          producing the forms on a production scale basis (col. 1,                    
          lines 12-16).  The portion of Millman (col. 5, lines 44-60;                 
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