Ex Parte Green - Page 10

                Appeal 2007-1245                                                                                   
                Application 09/950,253                                                                             
                                                                                                                  
                       In addition, “photocopying selections” are made with the user’s                             
                browser as claimed.  In this regard, the user makes such selections via the                        
                “printer properties form” displayed in the browser that enables the user to                        
                configure printing by selecting desired settings (Kuwata Specification 29).                        
                Regarding claim 4, these selections are ultimately delivered to the                                
                “photocopying device” under our interpretation noted previously.                                   
                       Regarding claims 6-8 and 9-11, Appellant essentially reiterates the                         
                arguments pertaining to Kuwata’s failure to disclose a photocopying device                         
                that receives requests from a user browser, controlling photocopying with a                        
                browser (claims 6 and 9), and the photocopying device comprising an                                
                embedded server (claims 7 and 10) (Br. 15-17; Reply Br. 8-9).  For the                             
                reasons previously discussed, however, we find these arguments                                     
                unpersuasive and the limitations fully met by Kuwata.                                              
                       For the foregoing reasons, we find that Kuwata satisfies all limitations                    
                of claims 1, 3, 4, 6, 7, 9, and 10 with APA being merely cumulative to the                         
                teachings of Kuwata.  We sustain the Examiner’s obviousness rejection                              
                based on the teachings of Kuwata alone since we may rely on fewer                                  
                references than the Examiner in affirming a multiple-reference rejection                           
                under 35 U.S.C. § 103.  In re Bush, 296 F.2d 491, 496, 131 USPQ 263, 266-                          
                67 (CCPA 1961); In re Boyer, 363 F.2d 455, 458 n.2, 150 USPQ 441, 444                              
                n.2 (CCPA 1966).                                                                                   
                       Since Appellant has not separately argued the patentability of claims                       
                2, 5, 8, and 11, these claims fall with independent claims 1, 6, and 9.  See In                    
                re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987);                             
                see also 37 C.F.R. § 41.37(c)(1)(vii).                                                             



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