Ex Parte Parulski - Page 9




             Appeal No. 2003-1459                                                           Page 9               
             Application No. 09/534,469                                                                          


                   Independent claim 49 specifies that the configured camera has a nonvolatile                   
             memory, and further includes the step of "configuring the camera by storing the                     
             purchaser provided information in the nonvolatile memory."  Both Dockes and Camaisa                 
             fail to teach or suggest these limitations of claim 49.  The examiner has not presented             
             any evidence establishing the obviousness of modifying either Dockes or Camaisa to                  
             arrive at the subject of claim 49.   Thus, a proper prima facie case of obviousness of              
             claim 49 has not been established and the rejections of claim 49, and claim 50                      
             dependent thereon, are reversed.                                                                    


             Claims 51 to 57                                                                                     
                   We will not sustain the rejection of claims 51 to 57 under 35 U.S.C. § 103 as                 
             being unpatentable over Dockes or the rejection of claims 51 to 57 under 35 U.S.C.                  
             § 103 as being unpatentable over Camaisa.                                                           


                   Independent claim 51 specifies that the configured digital camera has a                       
             nonvolatile memory, and further includes the step of "the purchaser providing                       
             information to be stored in the nonvolatile memory of the digital camera."  Both Dockes             
             and Camaisa fail to teach or suggest these limitations of claim 51.  The examiner has               
             not presented any evidence establishing the obviousness of modifying either Dockes or               
             Camaisa to arrive at the subject of claim 51.   Thus, a proper prima facie case of                  








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