Ex Parte Green - Page 2

                Appeal 2007-1245                                                                                   
                Application 09/950,253                                                                             
                                                                                                                  
                                         STATEMENT OF THE CASE                                                     
                       Appellant invented a method and system for photocopying documents                           
                under control of a user browser.  In particular, the photocopying device                           
                comprises an embedded server that is connected to a network.  The browser                          
                can be used to initiate photocopying and adjust various settings of the                            
                photocopying device.  A photocopy of the document is then generated in                             
                accordance with the user’s selections.1                                                            
                       Claim 1 is illustrative:                                                                    
                       1.  A method for photocopying a document, comprising:                                       
                       receiving a request from a user browser to photocopy a document with                        
                a photocopying device;                                                                             
                       uploading content to the user browser;                                                      
                       receiving photocopying selections made with the user browser; and                           
                       generating at least one photocopy of the document with the                                  
                photocopying device in accordance with the user selections.                                        
                                                                                                                  
                       The Examiner relies on the following prior art reference to show                            
                unpatentability:                                                                                   
                Kuwata                      US 2003/0072031 A1          Apr. 17, 2003                              
                                                                        (filed Mar. 25, 2002)2                     
                                                                                                                  
                1 See generally Specification 3:11-20 and 5:1–6:14.                                                
                2 Although the filing date of this published application is after the filing date                  
                of the present application (Sept. 10, 2001), the published application                             
                nonetheless claims the benefit of Provisional Application No. 60/278,180,                          
                filed Mar. 23, 2001 – a date prior to the present application’s filing date.                       
                Although Appellant argues that “much of the content” of Kuwata’s                                   
                published application does not appear in the corresponding provisional                             
                application (Br. 6-7), the Examiner nonetheless relies on specific findings in                     
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