Appeal No. 2004-0316
Application 09/136,619
the CD." Appellant continues to argue that this teaching does
not contemplate the additional provision of a marking for
specifying images on the CD that corresponds to the print images.
Appellant's arguments at page 6 of the brief regarding this
teaching of an index in Wen takes the position that the use of
the word "index" does not necessarily include specific markings
and that the index "is constituted by thumbnail images only and
there is no teaching that specific markings should accompany each
thumbnail image."
We disagree with these arguments and appellant's view with
respect to the teaching in the identified portion of the bottom
of column 1 of Wen, and we are persuaded by the examiner's
reasoning set forth on substantially all of page 4 of the answer
which we reproduce here:
The Examiner contends that Wen's disclosure of using
thumbnails as an index for the photos necessitates
having markings associated therewith to direct the user
of the disc as to which track has the photo, whether it
be a number [sic ,] a letter, etc. Wen explicitly
states that the thumbnails are for index use, which
implies that a user is to utilize the thumbnails to
locate the pictures of the disk. This is the identical
purpose of that found in Appellant's invention.
Furthermore, Wen explicitly discloses the usage of
print with images and graphics in order to provide more
information to the user in the disc. The Examiner
disagrees with the implication of Appellant's argument.
4
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