Ex Parte Bushey et al - Page 3



          Appeal No. 2006-1876                                                       
          Application No. 09/877,522                                                 
               Claims 1-20 stand rejected under 35 U.S.C. ' 102(e) as being          
          anticipated by Anderson >749 or, in the alternative, as being              
          anticipated by Anderson >538.                                              
               Claims 1-20 stand rejected under 35 U.S.C. ' 103(a) as being          
          unpatentable over Anderson >749 or Anderson >538 in combination            
          with Anderson >122 or Anderson >259.                                       
               Rather than reiterate the opposing arguments, reference is            
          made to the brief (filed October 11, 2005), the reply brief                
          (filed February 2, 2006) and the answer (mailed December 28,               
          2005) for the respective positions of Appellants and the                   
          Examiner.  Only those arguments actually made by Appellants have           
          been considered in this decision.  Arguments which Appellants              
          could have made but chose not to make in the briefs have not been          
          considered (37 CFR ' 41.37(c)(1)(vii)).                                    
                                       OPINION                                       
                       35 U.S.C. ' 102 rejection of the claims                       
               Regarding claim 1, the Examiner=s position is that Anderson           
          >749 provides for an image capture device as the appliance                 
          configured to communicate with a device connected to a network             
          having a processing device and a memory (answer, page 4).  The             
          Examiner also finds that Anderson >538 similarly discloses a               


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