Ex Parte May - Page 7


                Appeal No. 2006-1776                                                                                                    
                Application No. 10/075,976                                                                                              

                        and the file name for the media format information stored within the                                            
                        database that is associated with the selected media type. As an example,                                        
                        the actual media format information could include the size of block,                                            
                        number of repeated blocks, size of the media and other format                                                   
                        information]                                                                                                    
                            performing at least one of a printing of the package wrapper with the                                       
                        windowed image thereon, a transmitting of the package wrapper image,                                            
                        and a storing the package wrapper image. [See Lively para. 56 - to                                              
                        produce a final print image for printing on one of the associated printers                                      
                        70 at the printing facility 240]                                                                                
                    It would have been obvious to one of ordinary skill in the art to have applied Acker’s                              
                image editing tool to Lively’s custom gift wrapping device because of Lively’s explicit                                 
                recitation of using graphical image software applications [See Lively para. 27], of which                               
                Acker is an embodiment,  and Acker’s explicit recitation of the benefits of editing on a                                
                group of still images [See Acker col. 1 lines 6-10], of which Lively’s catalog is an                                    
                embodiment.                                                                                                             

                    Accordingly, we reject the two independent claims 1 and 8 under 35 U.S.C.  § 103                                    
                as unpatentable as obvious over Lively in view of Acker.  We leave the consideration of                                 
                the applicability of these references to the remaining claims to the examiner.                                          















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