Ex Parte Seaman et al - Page 5



          Appeal No. 2006-2848                                                        
          Application No. 09/999,971                                                  

          Contrary to the Examiner=s reasoning, the user selection of one             
          of the built-in sequences merely indicates which one of many                
          sequences should be used without making any changes to the                  
          script, let alone generating a sequence.                                    
               In view of the discussion above, we find that Anderson fails           
          to teach every recited limitation and therefore, cannot                     
          anticipate claim 1.  Claims 10, 13, 17 and 19 include similar               
          limitations related to constructing an image capture procedure or           
          prompting the user to do so which, as discussed above with                  
          respect to claim 1, are absent in Anderson.  Accordingly, as the            
          Examiner has failed to set forth a prima facie case of                      
          anticipation, the 35 U.S.C. § 102 rejection of independent claims           
          1, 10, 13, 17 and 19 as well as claims 2-4, 6, 11, 12, 14-16, 18            
          and 20, dependent thereon, over Anderson cannot be sustained.               
               With respect to the rejection of claims 7-9, the Examiner              
          further relies on Steinberg, which teaches nothing related to               
          generating an image capture sequence by a user and fails to                 
          overcome the deficiencies of Anderson discussed above with                  
          respect to claim 1.  Therefore, the 35 U.S.C. § 103 rejection of            
          claims 7-9 over Anderson and Steinberg is not sustained.                    



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