Ex Parte Weiss - Page 9




              Appeal No. 2003-1146                                                                                       
              Application No. 09/595,249                                                                                 


              Freedman.  With respect to independent claim 14, the examiner essentially finds that                       
              Crandall teaches the claimed invention except for the automatic selection of the type of                   
              printing equipment being used.  The examiner cites Freedman as teaching this feature.                      
              The examiner finds that it would have been obvious to the artisan to modify Crandall to                    
              include this feature [answer, pages 10-12].  Appellant argues that Crandall does not                       
              teach or suggest making comparisons to optimum performance parameters.  Appellant                          
              also argues that the “automatic selection” in Freedman is based on the final production                    
              data and not on the information in a job quote.  Appellant argues that the claimed                         
              invention contemplates a separate role for the job quote information and the actual print                  
              job specifications which is not suggested in Freedman.  Appellant argues that there is                     
              no disclosure or suggestion in Crandall to enter the specification of the type of printing                 
              production equipment being used for the print job into a preference.  Finally, appellant                   
              argues that the “acceptable/unacceptable” values in Crandall cannot be equated with                        
              optimum parameters as claimed [brief, pages 21-24].  The examiner responds that the                        
              acceptable values are optimum performance parameters in Crandall.  The examiner                            
              also disputes each of appellant’s other arguments [answer, pages 23-27].  Appellant                        
              responds that the acceptable parameters of Crandall are not optimum parameters as                          
              claimed.  Appellant also repeats the argument that selection of equipment in Freedman                      
              is based on the final production data and not on the job quote as claimed [reply brief,                    
              pages 4-6].                                                                                                

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