Ex Parte MERRIL et al - Page 6




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


         are absent in the reference.  Shipp relates to a system for                
         generating electronic and printed reports of medical treatments            
         and procedures wherein captured images are combined with dictated          
         text into integrated medical records (col. 1, lines 5-10).  Shipp          
         discloses that during or after the surgical procedure, the                 
         surgeon dictates pertinent information describing the medical              
         procedure related to the video image observed on a monitor from            
         which still images are selected for storage (col. 3, lines 12-             
         17).  Additionally, Shipp discloses that the voice recognition             
         includes features for recognizing certain words as commands for            
         operating the system such as one for frame grab command which              
         captures a frame from the video string and delivers to the                 
         storage device (col. 3, lines 46-59).  Therefore, the still                
         images are merely captured and stored as the surgeon commands              
         without being detected for the change over from one still image            
         to another.                                                                
              As discussed above, what the Examiner characterizes in Shipp          
         as detecting the change over from one still image to another when          
         a voice command is received (answer, page 11), is actually a               
         voice recognition feature of the system that helps the surgeon to          
         operate the system by speaking the commands.  In fact, the                 
         surgeon decides which frame from the video image should be stored          

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