Appeal No. 2004-0316
Application 09/136,619
Having an index implies that this index must guide a
user of it to where the information exists. Simply
placing thumbnails on the disk provides the user with
no direction. One of ordinary skill in the art would
want to provide the user with means for finding the
picture on the disc (much in the same way a user can
find tracks on a CD by referencing the song index on
the CD).
This rationale is consistent with the examiner's views
expressed at page 6 of the final rejection. There the examiner
appears to analogously argue that the track numbers of a song
on the label of an audio CD would advantageously lead the artisan
to use and identify the frame number of an image on a photo CD
as in Wen. To print the name of a song plus its track number
"corresponding to" the digital audio information on the other
or opposite side of conventional audio disc obviously would have
lead the artisan to print the index of the image "corresponding
to" the frame with the frame number of the digital video on the
opposite side of the CD/DVD, on a photo CD as in Wen.
All of this rationale is consistent with appellant's
disclosed invention which recognizes at pages 1 and 2 of the
specification as filed that the prior art provides a conventional
index print (claimed as a feature in the preamble of each claim
on appeal) which is separately provided together with a recording
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