Ex Parte KUBO - Page 9




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



          medium of the photo image of video images as well.  Consistent              
          with the examiner's rationale and the teachings identified                  
          earlier at the initial portion of column 1 of Wen, prior                    
          art/conventional index prints contain a numeric identifier                  
          corresponding to each image and therefore its location on the               
          opposite or image data surface of the CDS.  These conventional              
          index prints map the location of each of the respective                     
          individual index prints to the respect images in their                      
          corresponding, relative location among the digital data on the              
          disk itself.                                                                
               Finally, we note that dependent claims 25-28 recite a                  
          specific detail (a frame number) of what the generic "marking" is           
          in their parent independent claims.  By implication therefore,              
          our affirmance of the rejection of claims 25-28 under 35 U.S.C.             
          § 103 applies equally well to their parent independent claims               
          even though no express rejection of them has been made under                
          35 U.S.C. § 103.                                                            
               In view of the foregoing, the decision of the examiner                 
          rejecting various claims under 35 U.S.C. § 102 and 35 U.S.C.                
          § 103 is affirmed.                                                          


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