Ex Parte MERRIL et al - Page 7




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


         as a still image and provides the command for capturing that               
         still image.  Thus, Shipp does not disclose or suggest the                 
         recited features of claim 51, nor of claims 55 and 57-59, which            
         are dependent therefrom.  Accordingly, the 35 U.S.C. § 103                 
         rejection of claims 51, 55 and 57-59 over Shipp cannot be                  
         sustained.                                                                 
              Turning to the 35 U.S.C. § 103 rejection of claims 56 and             
         60-68, we note that the Examiner has relied on Qureshi for                 
         disclosing receiving video images from an overhead transparency            
         and on Ellozy for teaching the transcription of text using                 
         optical character recognition software.  However, by relying on            
         these references, the Examiner has not provided additional                 
         evidence to overcome the deficiencies of Shipp as discussed above          
         with respect to the rejection of claims 51, 55 and 57-59, and              
         therefore, has failed to establish a prima facie case of                   
         obviousness.  Accordingly, we do not sustain the 35 U.S.C. § 103           
         rejection of claims 56, 60, 61 and 66-68 over Shipp and Qureshi            
         and of claims 62-65 over Shipp, Qureshi and Ellozy.                        







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