Ex Parte ANDERSON et al - Page 2





              Appeal No. 2002-1137                                                                                      
              Application No. 08/761,854                                                                                


                                                   BACKGROUND                                                           

                     The invention is directed to method and apparatus for minimizing image file                        

              naming conflicts related to images captured by a digital camera with respect to images                    

              downloaded to the camera from an external source (e.g., a computer).  Representative                      

              claim 16 is reproduced below.1                                                                            

                     16.    A method for minimizing image naming conflicts in a digital camera that                     

                     stores a plurality of images as image data, the method comprising the steps of:                    

                            (a)    incrementing a count in response to an image being captured, the                     

                     count being a non-repeating number of a total number of images captured by the                     

                     digital camera;                                                                                    

                            (b)    associating the count with the image data of the captured image;                     

                            (c)    receiving image data from an external source, wherein the image                      

                     data from the external source is associated with a count;                                          

                            (d)    comparing the count associated with the image data from the                          

                     external source with the count associated with the image data of the captured                      

                     image; and                                                                                         



                     1 Instant claim 16, as submitted in the amendment filed via facsimile on January 12, 1999, and     
              additional claims, have been marked through by red ink in the file wrapper as if canceled by an           
              amendment “E.”  Amendment “E,” however, is apparently refers to the reply filed by appellants on March    
              22, 2000, which did not amend the claims, in response to the final rejection.  Further, the outside of the file
              wrapper erroneously lists the final rejection (Paper No. 16) as mailing March 22, 2000, with a “certificate of
              mailing” date of March 16, 2000.  We regard the instant claims as last amended by appellants on           
              November 22, 1999 (Paper No. 15; COM Nov. 15, 1999).  We note that the amendment of Paper No. 15          
              is also marked through by red ink, as if canceled by amendment “E.”                                       
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