Appeal No. 2003-1866
Application 08/839,361
supra, are directed to the feature of selecting among displayed
thumbnail images the images to be recorded on a recording device.
In addressing this feature, the Examiner (Answer, page 6) points
to the discussion at column 4, lines 42-57 of Kristy which
discusses the display of low resolution miniature (thumbnail)
images which are indexed to a corresponding higher resolution
image file.
Appellants’ argument in response (Brief, page 19; Reply
Brief, page 8) suggests that, while Kristy clearly discloses the
display of thumbnail images, the purpose of the display is solely
to easily locate the stored higher resolution images, not to use
the displayed thumbnail images for selection of images to be
recorded. We do not find this argument to be persuasive. It is
apparent to us that the disclosed purpose of the thumbnail images
in Kristy is to rapidly access the selected corresponding high
resolution image that is desired for “a requested photofinishing
operation.” (Kristy, column 4, line 57). It is equally
apparent, alluded to by the Examiner (Answer, page 21) that from
the entirety of the disclosure in Kristy, the “photofinishing
operation” would clearly encompass an image recording operation
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