Ex Parte Yundt-Pacheco - Page 6




          Appeal No. 2006-0558                                                        
          Application 09/800,113                                                      

          element 145 of figure 8 is detailed in figure 11 where the last             
          step of this figure is element 174 to send compressed copies to             
          the archives.  This functionality is initially stated at the                
          bottom of column 12, line 51 through 63, as reproduced here:                
                    The output ports 18 of the present invention constitute           
               a data processing interface such as is well known to those             
               skilled in the art with a connection to miscellaneous well             
               known report distribution devices 70 such as, in the                   
               preferred embodiment, a fax machine 72, modem/direct                   
               connection 74, printer 76, or other output devices 78.                 
               Distribution of the reports through other devices 78 also              
               may include distribution of the reports to an optical disk             
               storage system or other data storage device, for archival              
               purposes.  As directed by the controller 14, reports are               
               output for distribution through the output ports 18 to the             
               report distribution devices 70.                                        
          This archival feature is detailed as to step 174 in figure 11 at            
          column 25, lines 4 through 10 which we reproduce here:                      
                    In step 174, the compressed augmented report is sent to           
               archives for later use or retrieval, as desired by the                 
               recipient or the source.  In particular, it will be                    
               understood that one or more of the output ports 18 may be              
               connected to a data storage device such as an optical disk             
               drive, tape drive, or the like, for archival storage                   
               purposes (emphasis added).                                             
               Contrary to views taken by appellant in the brief and reply            
          brief that the examiner admits that French does not teach the               
          claimed for extraction capability, the examiner merely states at            
          the top of page 4 that French is silent with respect to specific            
          printer circuitry and software necessary for carrying out his               
          invention, the examiner then turning to Suzuki for the details              
          thereof.  Even though we agree with appellant’s reply brief                 
          characterization that the examiner has weakly argued Suzuki,                


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