Ex Parte SCHEURICH et al - Page 2




              Appeal No. 2004-0130                                                                                      
              Application No. 09/083,601                                                                                

                                                   BACKGROUND                                                           
                     The invention relates to a method of communication between a digital camera                        
              and a computer.  The method maintains a requested frame rate regardless of the                            
              available bandwidth between the camera and the computer.  Representative claim 19 is                      
              reproduced below.                                                                                         
                     19.    A method for communicating between a camera and a computer,                                 
                     comprising:                                                                                        
                            determining whether it is possible to transmit data that is associated with a               
                     requested image parameter at a requested frame rate; and                                           
                            if not, adjusting the image parameter and transmitting the data.                            
                     The examiner relies on the following reference:                                                    
              Thro et al. (Thro)                        6,037,991                   Mar. 14, 2000                       
                                                                             (filed Nov. 26, 1996)                      
                     Claims 19-38 stand rejected under 35 U.S.C. § 103 as being unpatentable over                       
              Thro.                                                                                                     
                     We refer to the Final Rejection (Paper No. 17) and the Examiner’s Answer                           
              (Paper No. 20) for a statement of the examiner’s position and to the Brief (Paper No.                     
              19) and the Reply Brief (Paper No. 21) for appellants’ position with respect to the claims                
              which stand rejected.                                                                                     






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