Appeal No. 2005-0167 Page 7
Application No. 10/272,722
does not make sense in the Takemoto environment as the image is only used for
replacement of a symbol in the game for the enjoyment of the player.
In regard to Takemoto’s second embodiment, in which the captured image is
used for security purposes, we also agree with the appellants that it would not be
obvious to analyze a captured image to determine whether there is an eye, nose and
mouth in the correct position and to discard the image if such is not the case. As the
second embodiment of Takemoto is concerned with catching cheaters, in our view, a
person of ordinary skill in the art would want all of the images captured saved because
even if the eyes were obscured by, for example, sunglasses or a low fitting hat, the rest
of the facial features captured along with any clothes or accessories worn would be
useful in making an identification of a cheater. We conclude that there is no motivation
to combine the teachings of Takemoto and Lambert.
In view of the foregoing, we will not sustain the rejection of claim 41. We will
likewise not sustain the rejection of claims 42 to 60 as the rejection of these claims
likewise depends on the combination of Takemoto and Lambert.
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