Ex Parte Kanada - Page 7



         Appeal No. 2003-1706                                                       
         Application No. 09/672,826                                                 

         columns 42 and 104 (again with no explanation as to how any of             
         the noted sections correspond to the claim limitation).                    
         Appellant (Brief, pages 13-14) again sets forth why each portion           
         cited by the examiner fails to satisfy the claim limitation.  The          
         examiner responds (Answer, page 4) that in Taguchi "the search             
         for an image is done using a character types [sic] and the image           
         is of a binary type."  However, the format (i.e., binary) of the           
         stored image is different from the character type of the search            
         information.  We agree with appellant's analysis of the portions           
         cited by the examiner, and we find nothing in the reference that           
         indicates that the search requesting apparatus uses a different            
         character type than the database.  Since Taguchi fails to                  
         disclose each and every element of claim 68, we cannot sustain             
         the anticipation rejection of claim 68.                                    
              Claim 69 recites, in pertinent part, judging means for                
         determining whether or not image processing is necessary for the           
         image and control means for transmitting a) the image from the             
         database or b) the location of the image in the database,                  
         depending on whether or not image processing is judged to be               
         necessary.  The examiner (Final Rejection, page 13) points to              
         Figures 125 and 127 and portions of columns 1, 53, 78, and 102             
         (without any explanation as to how those sections relate to the            
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