Ex Parte Scardino et al - Page 5

                Appeal 2007-0723                                                                                
                Application 10/310,527                                                                          


                identified Appellants have admitted was well known in the art, to store files                   
                within a file system and by use of system folders.  We therefore, do not                        
                agree with Appellants urging in the Brief and Reply Brief that Anderson                         
                does not teach the use of the claimed passively recited computer and that                       
                Anderson teaches away from the claimed invention.  The artisan well                             
                recognizes the teaching value in the background of Anderson beginning at                        
                column 1 as indicating that it was known in the art to use computers or PCs                     
                as a means for uploading images for photo sharing.  According to this                           
                background and the teachings in Anderson, the artisan would understand that                     
                Anderson actually teaches moving a computer or PC in effect into the                            
                camera itself rather than having a separate PC, notebook, computer or PDA                       
                as the intermediate transfer device.                                                            
                       We make special note here of the teachings at column 3, lines 39                         
                through 49; column 4, lines 18-19; the discussion beginning at column 8,                        
                line 5 with respect to the action list shown in figure 5 (particularly the                      
                discussion at column 8, lines 37- 42) and the discussion at column 12, lines                    
                20 through 61.  These teachings indicate that the user maintains the ability to                 
                manually organize images from those saved in MyShoeBox and to                                   
                additionally have the capability within Anderson, based upon the action list                    
                48 in figure 1, to automatically perform predefined tasks such as creating a                    
                new web album, or a new page within an existing album and to otherwise                          
                parse the images to extract other types of data.  The teachings associated                      
                with these action lists permits the user to label with names the associated                     
                files and albums such as those discussed in the reference portion of column                     
                12.  These action lists are in effect a list of key words to the extent recited in              

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