Ex parte SCOTT et al. - Page 15




                     Appeal No. 1997-3225                                                                                                                                              
                     Application No. 08/351,218                                                                                                                                        



                     each image corresponding to one of said units of speech.”                                                                                                         
                     Further we find that the Examiner has not shown that the prior                                                                                                    
                     art suggests any reason to modify Lee to include “a database                                                                                                      
                     of images, each image corresponding to one of said units of                                                                                                       
                     speech,” and to establish “some aspect of each image of said                                                                                                      
                     database which relates to each other image in the database.”                                                                                                      
                                For the foregoing reasons we will not sustain the                                                                                                      
                     rejection of claim 6 under 35 U.S.C. § 103 as being                                                                                                               
                     unpatentable over Lee and Lavagetto.  Claims 7, 9, 16 and 24                                                                                                      
                     all depend upon claim 6, accordingly, the rejection of these                                                                                                      
                     claims will not be sustained.                                              Similarly we will not                                                                  
                     sustain the rejection of claims 11 through 15, 17 through 23                                                                                                      
                     and 25 through 34  under 35 U.S.C.   2                                                                                                                            
                     § 103 as being unpatentable over Lee, Lavagetto and                                                                                                               
                     Terzopoulos as these claims are all ultimately dependent upon                                                                                                     
                     claim 6.                                                                                                                                                          
                                Turning to claim 2, we find that dependent claim 2                                                                                                     
                     contains the limitation “said first and second and other                                                                                                          


                                2 The scope of claim 26 as presented cannot be determined                                                                                              
                     as the limitation “said keypoint” lacks antecedent basis.                                                                                                         
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