Ex Parte Bushey et al - Page 2



          Appeal No. 2006-1876                                                       
          Application No. 09/877,522                                                 
          device connected to the network such that software can be                  
          downloaded and uploaded without inconvenience to the user.                 
          According to Appellants, a peripheral device automatically                 
          receives the software that facilitates communication with a                
          separate device and stores the software in the memory.  An                 
          understanding of the invention can be derived from a reading of            
          exemplary independent claim 1, which is reproduced as follows:             
                    1.  An image capture appliance configured for                    
              connection to a network and communication with a device                
              connected to the network, the appliance comprising:                    
                    a processing device configured to control operation of           
              the image capture appliance;                                           
                    memory including logic configured to receive software            
              via the network that facilitates communication between the             
              image capture appliance and the device from a software                 
              source; and                                                            
                    a network interface device with which the image capture          
              appliance communicates with the software source.                       
              The Examiner relies on the following prior art references:             
              Anderson            6,222,538           Apr. 24, 2001                  
    (Anderson ‘538)                                                                  
              Anderson et al.          6,567,122    May  20, 2003                    
          (Anderson ‘122)                    (filed Mar. 18, 1998)                   
              Anderson et al.          6,636,259    Oct. 21, 2003                    
          (Anderson ‘259)                    (filed Jul. 26, 2000)                   
              Anderson et al.            6,680,749    Jan. 20, 2004                  
          (Anderson ‘749)               (effectively May  6, 1997)                   

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