Appeal No. 2004-0316
Application 09/136,619
conventional CD descriptive material on their labels, the artisan
would readily interpret the teaching at the bottom of column 1
relating to thumbnail images that are printed for photo CD would
also include index information that is characteristic of
descriptive information of the actual images stored in the photo
array on the disk itself. Moreover, an ordinary dictionary
definition of the term "index" indicates the term commonly
includes a list of items and a numeric identifier or "marking"
indicating where the item may be found. Thus, there are clear
teachings consistent with the examiner's position that "markings
for specifying images corresponding to the print images are
displayed in printing together with the print images" as set
forth at the end of representative independent claim 1 on appeal.
In view of these conclusions, we sustain the rejection of
each independent claim 1, 10, 16, and 22 on appeal and their
corresponding dependent claims 3, 12, 18, and 24 within this
first stated rejection of the claims under 35 U.S.C. § 102.
Appellant's position with respect to dependent claims 11, 17
and 23 at the bottom of page 6 of the brief, which claims are
rejected under 35 U.S.C. § 103 and not 35 U.S.C. § 102, notes
that these claims fall with their respective parent independent
claims 10, 16, and 22.
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