Appeal No. 2003-0557
Application 09/121,760
claimed "hand-held image capture device" is fully agreed with by
us.
Clearly, the software discussed in detail in Jamzadeh is
consistent with the feature of automatically categorizing images.
In fact, the bulk of the disclosure in this reference from
Figures 2A through 7 is consistent with the corresponding
columnar teachings about the automatic categorization of the
digital images stored in this reference as not only comprising
the claimed categories of image data but also the corresponding
claimed category tags attached to each of the respective images
such that they are automatically sorted by these category
identifiers. Notwithstanding these considerations, these noted
features have not been argued as distinguishing over the
teachings and suggestions of Jamzadeh by appellant in the brief
and reply brief.
Appellant repeatedly argues in the brief and reply brief
that the disclosed invention relates to a digital camera. On the
other hand, there is no such recitation in the claims on appeal,
and for emphasis, there is no separate element within the claims
to comprise the ability to capture raw image data in any form any
differently than the whole device itself that is claimed.
Moreover, representative claim 1 does not exclude intermediate
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