Ex Parte Kanada - Page 8



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

         claim language).  Appellant (Brief, pages 15-16) again evaluates           
         each portion and explains why it fails to satisfy the claim                
         language.  The examiner responds (Answer, page 5), "Taguchi                
         discloses such wherein detection of abnormalities are detected,            
         image processing judging is deemed to be done."                            
              The examiner appears to have missed the point of the claim.           
         As explained by appellant (Brief, page 16), Taguchi does not               
         describe any different treatment for data transmissions according          
         to whether image processing is or is not necessary.  Taguchi does          
         not provide location information when no processing is desired,            
         as required by claim 69.  Thus, Taguchi fails to anticipate claim          
         69, and we cannot sustain the anticipation rejection thereof.              
              Claims 73 through 76 each recite either a means or a step             
         for determining according to a pre-setting whether only the                
         storing means or the storing means as well as the database are             
         searched.  The examiner (Final Rejection, page 15) directs our             
         attention to portions of columns 13 and 18 (again without any              
         explanation as to the relevance.)  Appellant asserts (Brief, page          
         18) that neither column 13 nor column 18 discusses searching               
         certain locations.  The examiner (Answer, page 5) responds, "[I]f          
         the user is only searching for non-image data, then he will not            
         be searching the image database and if he is searching for both            
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