Reexamination Control No. 90/005,742
Patent 5,253,341
1 This is an appeal under 35 U.S.C. §§ 134 and 305 from the examiner's final rejection of
2 claims 9-11, 14, and 93-104, which are all of the claims under reexamination, under 35 U.S.C.
3 §§ 102, 103, and/or 112. We affirm-in-part. More particularly, we affirm rejections of all of the
4 claims except claim 101.
5 A. Related litigation
6 The brief states that "[t]he '341 patent is involved in a lawsuit filed in the United States
7 District Court for the Northern District of Illinois on July 9, 1999, Case No. 99 C 4550." Brief
8 at 1.
9 B. Summary of this reexamination proceeding to date
10 The '341 patent issued with claims 1-16, of which claims 1-3 and 7 are independent
11 claims. The order granting reexamination indicated that all of the patent claims are subject to
12 reexamination.4
13 The first Office action5 ("First Action"), mailed February 23, 2001, included a number of
14 grounds of rejection, including a § 102(e) rejection of claims 1-8 and 15 for anticipation by
15 Filepp and a § 103(a) rejection of claims 9-14 and 16 for obviousness over Filepp in view of
16 "well known practices," namely, the allegedly well-known use of UNIX-based host systems and
17 server systems, RISC and CISC microprocessors, a windowing environment, and multiple
18 compression techniques. First Action at 11-12.
4 Order Granting/Denying Request for Reexamination (Paper No. 5).
5 Paper No. 9.
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