Ex Parte CLEMENS - Page 6



          Appeal No. 2003-0408                                                        
          Application 09/019,965                                                      

          would have been obvious to the artisan to include the digital               
          camera of Nagasawa in the system of Tung.  The examiner also                
          finds that it would have been obvious to the artisan to store               
          still images and digital video streams in first and second                  
          memories of a computer system.  Finally, the examiner finds that            
          there is no evidence that the combined system would suffer from             
          interruptions or information being lost or destroyed.  The                  
          examiner, therefore, concludes that the combined system would               
          operate in a non-interruptible manner [answer, pages 4-5].                  
          With respect to independent claims 1 and 8, appellant                       
          argues that there is no teaching or suggestion in Tung or                   
          Nagasawa to combine the features disclosed in the two references            
          to arrive at the claimed invention.  Appellant also argues that             
          neither Tung nor Nagasawa, alone or in combination, teaches or              
          suggests that the entire capture and image retrieval command                
          sequence of claims 1 and 8 is an atomic operation and non-                  
          interruptible.  Appellant notes that the lack of a discussion of            
          interrupting video streaming in Tung or Nagasawa is not evidence            
          that the combined system would operate in an atomic and non-                
          interruptible manner as claimed [brief, pages 5-7].                         


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