Appeal 2007-1361
Application 09/681,573
is itself transmitted to the DMS." (Reply Br. 4.) They further argue, "ATS
discloses saving the converted PDF document to a location specified by a
user, but ATS is silent on the accessed data file from which the PDF is
created." (Id.)
A. CLAIM CONSTRUCTION
"Claims in dependent form shall be construed to include all the
limitations of the claim incorporated by reference into the dependent claim."
37 C.F.R. § 1.75. Here, dependent claim 5 recites in pertinent part the
following limitations: "[t]he method of claim 1 wherein the step of
publishing further comprises the step of transmitting the data file. . . ."
For its part, claim 1 recites in pertinent part the following limitations:
"publishing the data file in at least one publication format to a document
management system." Construing claim 5 in view of claim 1, the dependent
claim requires transmitting the formatted data file to the DMS. Contrary to
the Appellants' argument, the dependent claim does not require transmitting
the unformatted data.
B. OBVIOUSNESS ANALYSIS
As found regarding claims 1-4, 7, and 25-29, teachings within the
references themselves would have prompted a person of ordinary skill to
combine a DMS with ATS' teaching of PDFWriter so as to disseminate a
formatted data file to a DMS. We also find that such a combination would
have transmitted the formatted data file to the DMS. Therefore, we affirm
the rejection of claim 5 and of claim 6, which falls therewith.
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