Ex Parte Thieret et al - Page 5

                Appeal 2007-0719                                                                              
                Application 09/731,205                                                                        
                                                       ISSUES                                                 
                The pivotal issue in the appeal before us are as follows:                                     
                  Have Appellants shown that the Examiner failed to establish that one                        
                     of ordinary skill in the art, at the time of the present invention, would                
                     have found that the combination of Sorkin and Irie renders the claimed                   
                     invention unpatentable under 35 U.S.C. § 103(a)?                                         
                                                                                                             
                                           FINDINGS OF FACT                                                   
                   The following findings of fact are supported by a preponderance of the                     
                   evidence.                                                                                  
                                                    The invention                                             
                1.    Appellants invented a network document system (10) having a                             
                marking system (12) and a Digital Front End (DFE) controller (16) allegedly                   
                arranged in parallel with the iNIC (20) to facilitate independent                             
                communication with the marking engine 12.  (Specification 3 and Figure 1.)3                   
                2.    The iNIC (20) segregates data received from the network (10) into                       
                control data and job a data.  (Specification 6.)                                              
                3.  The control data includes object-oriented rendering data including text,                  
                pictures, business graphics for enhancing document processing operations                      
                and page description language data about a document to be made.  (Id 7.)                      
                4.    The iNIC (20) routes received control data directly to the marking                      
                engine (12) while independently forwarding received job data to the marking                   
                engine (12) via the DFE controller (16).  (Id.)                                               
                                                                                                             
                3 We note that figure 1 of the drawings does not accurately depict that the                   
                DFE controller (16) and the Marking system (12) are arranged in parallel                      
                with the iNIC (20). We leave to the Examiner to consider objecting to the                     
                drawings in any further prosecution of this application.                                      
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