Ex parte TUTTLE - Page 7




                 Appeal No. 1996-3647                                                                                                                   
                 Application No. 08/065,720                                                                                                             


                          Based upon the foregoing, the two claimed image                                                                               
                 presentation rates are identically disclosed by Cohen.  Thus,                                                                          
                 the obviousness rejection of claim 1 is sustained.   The                                  3                                            
                 obviousness rejection of claims 6, 7 and 17 is likewise                                                                                
                 sustained because of appellant’s grouping of the claims                                                                                
                 (Brief, page 4).                                                                                                                       
                          Turning next to the obviousness rejection of claim 11,                                                                        
                 appellant argues (Brief, page 8) that:                                                                                                 
                                   Independent claim 11 recites that if the time                                                                        
                          interval is greater than a predetermined duration,                                                                            
                          the image is displayed.  However, if the time                                                                                 
                          interval is less than the predetermined duration,                                                                             
                          only a representative portion of the image is                                                                                 
                          displayed.  This is advantageous because less                                                                                 
                          information can be presented and absorbed in the                                                                              
                          shorter time.  Cohen does not disclose or suggest                                                                             
                          this feature of claim 11.  Rather, Cohen is                                                                                   
                          concerned with generating and viewing a transition                                                                            
                          between a first and second sequence of images.  Roy                                                                           
                          also does not disclose this feature of claim 11.                                                                              
                          Roy simply teaches that multiple pictures of a                                                                                
                          moving freight train can be taken and if important                                                                            
                          numbers on the train span two successive pictures,                                                                            
                          the data can be retrieved from memory and a                                                                                   
                          composite image can be displayed.  However, Roy does                                                                          
                          not disclose that the selection of either an image                                                                            
                          or representative portion of the image is based on a                                                                          
                          selected time interval allotted for display.  This                                                                            
                          would not have been obvious in view of Cohen and Roy                                                                          

                          3In keeping with 37 CFR § 1.192(a), arguments not made by                                                                     
                 appellant in the briefs were not considered on appeal.                                                                                 
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