Appeal No. 1999-1799
Application No. 08/738,507
of an identification code and identifies the use of the letter D with an image in Figure 8.
(See answer at pages 3 and 5.) We disagree with the examiner. The Yoshimura
reference is not clear as to the use of the letters (A, B, C, D) in Fig. 8 since some are
associated with text and some letters with text in a map/image. Furthermore, the examiner
has not identified in the written description where these letters are identified. In our view,
Yoshimura does not teach or suggest the use of these or any other codes with respect to
the acquisition of an image, but Yoshimura teaches the use of a code with respect to
storage and retrieval for output of the data. This is not the invention to which claim 1 is
directed.
The examiner further maintains that the use of the codes “*3” etc. which designates an
audio snippet would be used to retrieve the snippet. (See answer at page 6.) While these
types of codes would be used in the output of the data, they are not disclosed as being
used for the input of a picture and audio as discussed above. Therefore, we disagree with
the examiner’s interpretation of the prior art teachings and suggestions from Yoshimura.
Since the examiner has not shown the combination of elements, as claimed, were taught
or suggested by the prior art references, we will not sustain the rejection of independent
claim 1 and its dependent claims 2-7. Similarly, independent claim 8 contains similar
limitations, and we will not sustain the rejection thereof.
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