Ex Parte Thieret et al - Page 9

                Appeal 2007-0719                                                                              
                Application 09/731,205                                                                        
                the invention, to look to particular sources, to select particular elements, and              
                to combine them as combined by the inventor.  Ruiz v. A.B. Chance Co., 234                    
                F.3d 654, 665, 57 USPQ2d 1161, 1167 (Fed. Cir. 2000).                                         
                   “[A]n implicit motivation to combine exists not only when a suggestion                     
                may be gleaned from the prior art as a whole, but when the ‘improvement’ is                   
                technology-independent and the combination of references results in a                         
                product or process that is more desirable, for example because it is stronger,                
                cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient . . . .           
                In such situations, the proper question is whether the ordinary artisan                       
                possesses knowledge and skills rendering him capable of combining the                         
                prior art references.”  DyStar Textilfarben GmbH & Co. Deutschland KG v.                      
                C.H. Patrick Co., 464 F.3d 1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir.                        
                2006).                                                                                        

                                                    ANALYSIS                                                  
                                         35 U.S.C. § 103(a) REJECTION                                         
                                                Claims 1 through 6                                            
                As set forth above, independent claim 1 recites, inter alia, (A) an                           
                interface controller in direct communication with the document processing                     
                device, (B) control data communicated between the network interface and                       
                the document processing device, and (C) the interface controller being in                     
                parallel communication with the document processing device and the                            
                document processing device controller.  As detailed in the findings of fact                   
                section above, we have found that Sorkin teaches that in subsequent                           
                communications, the client can bypass the server to directly communicate                      
                with the printer.  The client exchanges control data directly with the printer                

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