Ex Parte Scardino et al - Page 4

                Appeal 2007-0723                                                                                
                Application 10/310,527                                                                          


                applications permitted navigation of these files by the use of well known                       
                software applications and operating system file managers.  One of these is an                   
                Explorer window depicted in figure 2 as comprising not only this file                           
                structure but the hierarchy is depicted as well.  Significantly, each folder                    
                within this hierarchy has a name and, according to the discussion at                            
                Specification page 5, in paragraphs [015-016], the user has been known to                       
                organize the file by name in a certain manner.  This is all consistent with                     
                standard features of the well known Windows operating system environment                        
                of which Explorer was well known.                                                               
                       Thus, the feature argued by Appellants in the Brief and Reply Brief of                   
                the absence of a teaching of a folder hierarchy was well known in the art                       
                according to their own recognition of it.  The reception in representative                      
                independent claim 1 is a passive recitation of receiving this hierarchy from                    
                an existing passively recited computer.  As it is very clear to the reader by                   
                now, the parsing capability of this claim and the ability to create online                      
                image albums was also well known in the art.  These are not claimed to be                       
                done automatically by the process.                                                              
                       The Examiner has identified the paragraph at the bottom of column 4                      
                of Anderson as indicating that the camera 14 in figure 1 contains computers                     
                or processors within the camera.  This is made clear in the showing in figure                   
                3 and the discussion of this figure beginning at column 6, line 7 where it                      
                specifically teaches that the computer/microprocessor includes an operating                     
                system within the camera for controlling the overall functionality of the                       
                camera.  The discussion at this column and the later paragraphs indicate that                   
                it was also well known in the art, consistent with what we have already                         

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