Ex parte MASAMI HIGUCHI

Board of Patent Appeals and Interferences

Jul 31, 1997

08068303 (B.P.A.I. Jul. 31, 1997)

Application for patent filed May 28, 1993. According to1
applicant, the application is a continuation of Application
07/927,718, filed August 11, 1992, Abandoned, which is a
continuation of Application 07/483,643, filed February 23, 1990,
Abandoned.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 48
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MASAMI HIGUCHI
_____________
Appeal No. 95-1141
Application 08/068,3031
______________
HEARD: July 15, 1997
_______________
Before THOMAS, HAIRSTON, and FLEMING, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
Appeal No. 95-1141
Application 08/068,303
It appears from the record that the Amendment After Final2
(paper number 34) was not entered by the examiner (paper number
37), and that the Reply Brief (paper number 35) was entered by
the examiner (paper number 40).
2
This is an appeal from the final rejection of2
claims 1, 2, 4, 6 through 9 and 11 through 14.
The disclosed invention relates to control boards in a
copier, and to the transfer of data from an old control board to
a new control board via communication controllers that are
provided on each of the individual control boards.
Claims 1 and 12 are the only independent claims on
appeal, and they read as follows:
1. A control apparatus for a photocopier, comprising:
a first control board including first control board
memory means for storing various kinds of data necessary for
operations of the photocopier and including communication control
means having a unique set of channels for interchanging control
data with sections of the photocopier which are to be controlled
by said first control board;
a second control board comprising second control board
memory means;
power supply means for simultaneously supplying power
to the first control board and to the second control board; and
transfer means for transferring data stored in said
first control board memory means from the first control board via
at least one of the channels of the unique set of channels of the
communication control means to the second control board memory
means of the second control board, wherein normal copy operation
cannot occur during transfer of data from the first control board
to the second control board via the transfer means so that only
Appeal No. 95-1141
Application 08/068,303
3
one of the first control board and the second control board can
control the copier at any time.
12. A photocopier, comprising:
a control apparatus comprising a first memory means for
storing operating history data corresponding to at least one of
an operating history and to an operating status of said
photocopier, a second memory means, communication controllers,
and a communication port having at least a first unique
communication channel for connecting said communication
controllers to various parts of said photocopier and for
controlling said various parts, and means for sending said
operating history data stored in the first memory means to the
second memory means, via said first unique communication channel;
and
wherein the communication port connects to a control
board comprising only one of the first memory means and the
second memory means.
The reference relied on by the examiner is:
Federico et al. (Federico) 4,514,846 Apr. 30, 1985
Claims 1, 2, 4, 6 through 9 and 11 through 14 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Federico.
Reference is made to the briefs and the answer for the
respective positions of the appellant and the examiner.
OPINION
We have carefully considered the entire record before
us, and we will reverse the obviousness rejection.
According to the examiner (Answer, pages 3 and 4):
Appeal No. 95-1141
Application 08/068,303
4
Basically the appellant's invention
is directed to a photocopier system
which implements control boards for
controlling the operation of the
photocopier. The spirit of the
invention lie [sic, lies] in the fact
that information stored in one control
board can be transferred to a second
control board via unique channel(s)
present in the system. With respect to
this reference, there was such a multi-
control board system in which data was
stored in the boards (eg., see col. 16
(line 9-et seq., and line 55-et seq.)).
Since a SPARE board was present, it was
inherent that information from one board
(eg., a faulty board) was moved or
copied into the SPARE such that the
SPARE could resume the functions of the
faulty board. If this SPARE board was
to assume the duties of the old board it
inherently required all of the
information (eg., state and/or memory
image) of the prior board. Moreover,
since the SPARE was a SPARE it obviously
did not contain all the information
present in all of the boards and hence
data was required to be moved to the
SPARE. In other words, the SPARE
obviously did not contain all data of
all boards (such would require to [sic,
too] much memory and the SPARE only
replace [sic, replaces] one board at a
time, thus the other boards [sic,
board's] data in the SPARE are moot and
unneeded).

We agree with appellant's argument (Reply Brief, pages
10 and 11) that:
Federico et al's teaching of a
replacement of a control board by a
SPARE control board does not disclose
Appeal No. 95-1141
Application 08/068,303
5
the recited structure of claim 1 in
which the first control board for
controlling various sections of the
photocopier includes communication
control means having a unique set of
channels for interchanging control data
with sections of the photocopier in
combination with transfer means for
transferring data stored in said first
control board memory means from the
first control board via at least one of
the channels of the unique set of
channels of the communication control
means, to the second control board
memory means of the second control board
and that only one of the first control
board and the second control board can
control the photocopier at any time.
Therefore, any of the control boards of
Federico et al in combination with the
dedicated control line 80 of Federico et
al do not correspond to the combination
of the first control board and the
transfer means of the present invention
(underlining in original).
Thus, the obviousness rejection of claim 1 and the claims that
depend therefrom is reversed.
Claim 12 is broader than claim 1, but the examiner has
not proven that Federico would inherently include:
A photocopier, comprising:
. . . communication controllers, and a
communication port having at least a
first unique communication channel for
connecting said communication
controllers to various parts of said
photocopier and for controlling said
various parts, and means for sending
said operating history data stored in
Appeal No. 95-1141
Application 08/068,303
6
the first memory means to the second
memory means, via said first unique
communication channel; and
wherein the communication port
connects to a control board comprising
only one of the first memory means and
the second memory means.
Inherency may not be established by probabilities or
possibilities. See In re Oelrich, 666 F.2d 578, 581, 212 USPQ
323, 326 (CCPA 1981). The obviousness rejection of 12 and the
claims that depend therefrom is reversed because nothing in the
examiner's reasoning demonstrates that the photocopier structure
of claim 12 would be inevitably present in Federico.
DECISION
The decision of the examiner rejecting claims 1, 2, 4,
6 through 9 and 11 through 14 under 35 U.S.C. § 103 is reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
MICHAEL R. FLEMING )
Appeal No. 95-1141
Application 08/068,303
7
Administrative Patent Judge )
Appeal No. 95-1141
Application 08/068,303
8
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