Ex Parte MERRIL et al - Page 3




         Appeal No. 2003-1858                                                       
         Application No. 09/073,871                                                 


              in response to said detected change over from one still               
         image to another, automatically synchronizing change over from             
         one still image to another with the audio recording.                       
              The Examiner relies on the following references in rejecting          
         the claims:                                                                
         Ellozy et al. (Ellozy)        5,649,060           Jul. 15, 1997            
         Shipp                         6,031,526           Feb. 29, 2000            
                                                 (filed Aug. 8, 1996)               
         Qureshi et al. (Qureshi)      6,084,582           Jul.  4, 2000            
                                                (filed Jul. 2, 1997)               
              Claims 51, 55 and 57-59 stand rejected under 35 U.S.C.                
         § 103(a) as being unpatentable over Shipp.                                 
              Claims 56, 60, 61 and 66-68 stand rejected under 35 U.S.C.            
         § 103(a) as being unpatentable over Shipp and Qureshi.                     
              Claims 62-65 stand rejected under 35 U.S.C. § 103(a) as               
         being unpatentable over Shipp, Qureshi and Ellozy.                         
              We make reference to the answer (Paper No. 27, mailed                 
         February 14, 2003) for the Examiner’s reasoning, and to the                
         appeal brief (Paper No. 26, filed November 22, 2002) for                   
         Appellants’ arguments thereagainst.                                        
                                      OPINION                                       
              With respect to the rejection of claims 51, 55 and 57-59,             
         Appellants point out that, in contrast with the claimed detection          
         of change over from one still image to another during a live               
         presentation, Shipp provides for a physician to selectively                

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