Ex Parte Scardino et al - Page 2

                Appeal 2007-0723                                                                                
                Application 10/310,527                                                                          


                       1.  A method for automatically organizing images uploaded from a                         
                computer to a server, comprising the steps of:                                                  
                       (a)  receiving an upload of image files from the computer on the                         
                          server, including a folder hierarchy defining in how the image files                  
                          are stored on the computer; and                                                       
                       (b) automatically storing and organizing the image files on the server,                  
                          such that the folder hierarchy of the image files in preserved.                       

                       The following references are relied on by the Examiner                                   
                Needham  US 2003/0033378 A1  Feb. 13, 2003                                                      
                                           (Filed May 20, 2002)                                                 
                Anderson  US 6,636,259 B1   Oct. 21, 2003                                                       
                                                                              (Filed July 26, 2000)             
                       All claims on appeal, claims 1 through 12, 15 through 26, and 33                         
                stand rejected under 35 U.S.C. § 103.  As evidence of obviousness, the                          
                Examiner relies upon Anderson in view of Needham.1                                              
                       Rather than repeat the positions of the Appellants and the Examiner,                     
                reference is made to the Brief and Reply Brief for Appellants’ positions, and                   
                to the Answer for the Examiner’s positions.                                                     
                                          OPINION                                                               
                       We affirm, essentially for the reasons set forth by the Examiner as                      
                expanded upon here.  Appellants’ arguments in the Brief treat independent                       
                claims 1, 15, and 33 collectively.  Separate arguments are presented as to                      
                dependent claim 5 as representative of dependent claim 20; the same may be                      
                said of dependent claim 7 as representative of dependent claim 22.                              
                                                                                                               
                1 A rejection of claims 15 through 26 and 33 under 35 U.S.C. § 101 was withdrawn by the Examiner as
                noted in the paragraph bridging pages 2 and 3 of the Answer.                                    
                                                       2                                                        

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