Ex Parte Roman - Page 10



          Appeal No. 2004-0717                                                               
          Application No. 10/099,605                                      Page 10            

                The next-to-final limitation “indicating which of the                        
          plurality of OCR packages is the select OCR package” is                            
          inherently taught by Goldberg.  The claim limitation does not                      
          recite how, onto whom, the indicating occurs.   However, there                     
          must be some indication to the CPU of which OCR algorithm to use.                  
          Goldberg teaches that OCR algorithms can be switched, but without                  
          an indication of some kind, the system would continue to use the                   
          old OCR algorithm, rendering the feature of being able to switch                   
          OCR algorithms useless, therefore, because indicator is made to                    
          the system as to which OCR algorithm to switch to, Goldberg meets                  
          this limitation of claim 1.  Although we find that Goldberg meets                  
          all of the limitation of claim becomes anticipation is the                         
          epitome of obviousness, In Re Fracoloise, we affirm the                            
          examiner’s rejection of claim 1 under 35 U.S.C. § 103(a) as being                  
          unpatentable over Goldberg.  Assume claims 2,3, and 5-9 fall with                  
          claim 1 (brief, page 5), the rejection of claims 2,3 and 5-9, 15                   
          is affirmed.                                                                       
                We turn next to the rejection of claims 10-20 under 35                       
          U.S.C. § 103(a) as being unpatentable over Goldberg we begin with                  
          claims 10-13 and 20.  At the outset, we make reference to our                      
          findings, supra, with respect to claim 1.  In addition, because                    
          the computer system of Goldberg will inherently use logic in                       





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