Ex Parte Tsubaki et al - Page 13

               Appeal 2007-0932                                                                             
               Application 10/058,924                                                                       


               function in block 58 of figure 2 relies upon for comparison purposes                         
               information pre-entered before the act of photography itself is said to occur                
               or illustrated to occur in figure 2.  The arguments with respect to                          
               independent claim 41 at pages 32 and 33 of the principal Brief on appeal                     
               rely for patentability upon the arguments presented with respect to                          
               independent claim 1. We note here as well that McDonald clearly teaches                      
               the pre-entry of information before the image capture act occurs.                            
               Correspondingly, no arguments are presented in the Reply Brief as to claim                   
               41.                                                                                          






















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