Ex Parte KUBO - Page 2




          Appeal No. 2004-0316                                                        
          Application 09/136,619                                                      



          corresponding to the digital image data are displayed in printing           
          on the opposite surface to the digital data recording surface,              
          wherein markings for specifying images corresponding to the print           
          images are displayed in printing together with the print images.            
               The following reference is relied on by the examiner:                  
          Wen et al. (Wen)         6,019,151           Feb. 1, 2000                   
                                        (filing date Jan. 7, 1997)                    
               Claims 1, 3, 10, 12, 16, 18, 22 and 24 stand rejected under            
          35 U.S.C. § 102(e) as being anticipated by Wen. On the other                
          hand, dependent claims 11, 17, 23 and 25-28 stand rejected under            
          35 U.S.C. § 103.  As evidence of obviousness, the examiner relies           
          upon Wen alone.1                                                            
               Rather than repeat the positions of the appellant and the              
          examiner, reference is made to the brief (no reply brief has been           
          filed) for the appellant's positions, and to the final rejection            
          and answer for the examiner's positions.                                    
                                       OPINION                                        
               For the reasons set forth by the examiner in the final                 
          rejection and answer, we sustain both stated rejections of the              




               1  We note in passing that the subject matter of independent           
          claims 10 and 16 on appeal appear to be substantially identical,            
          thus not meeting the requirement of Rule 75(b) that there be                
          substantial distinctions between pending claims.                            
                                          2                                           





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