Ex Parte Westphal et al - Page 12



         Appeal No. 2006-1695                                                       
         Application No. 10/649,277                                                 
         images [emphasis added].  Therefore, a plurality of resultant              
         images will exist for each respective original image of the                
         plurality of original images.                                              
         Turning to Takagi, we first note that the resultant images                 
         displayed in Fig. 15 of Takagi are derived from the same original          
         image -- not a plurality of original images as claimed.  Although          
         the examiner acknowledges this fact on page 4 of the answer, the           
         examiner nevertheless contends that Takagi's method is applicable          
         to any pictures to be taken by the camera.  According to the               
         examiner, because the user can take as many preview images as              
         desired, a plurality of resultant images for each of a plurality           
         of original images is therefore created [answer, pages 4 and 14].          
              Although multiple original images would arguably produce              
         their own sets of predicted images derived from their respective           
         original images in Takagi, we conclude that given the purpose and          
         function of Takagi -- namely to photograph an image on film using          
         a particular photographic control value selected from a  variety           
         of different control values -- the skilled artisan would not have          
         found obvious the claimed limitations even when combined with the          





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