Ex Parte STEPHENSON - Page 2



         Appeal No. 2005-0175                                       Page 2          
         Application No. 09/241,700                                                 

                   a plurality of digital cameras supported non-                    
              rigidly at predetermined positions on the garment to                  
              have overlapping fields of view to allow a simultaneous               
              360° field of view around the user;                                   
                   user activating means for activating selected                    
              digital cameras to cause the selected digital cameras                 
              to simultaneously capture digital images for forming                  
              panoramic image;                                                      
                   a storage memory for storing the captured digital                
              images,                                                               
                   wherein the garment is electrically conductive and               
              provides electrical connections between the digital                   
              cameras and the user activating means.                                
              The prior art references of record relied upon by the                 
         examiner in rejecting the appealed claims are:                             
         Shiomi                        5,047,793           Sep. 10, 1991            
         Henley                        5,657,073           Aug. 12, 1997            
         Winningstad                   5,886,739           Mar. 23, 1999            
              In addition, appellant relies on the following prior art in           
         responding to the examiner’s obviousness position:                         
         Ritchey1                      5,130,794           July, 14, 1992           



              1 Ritchie is not relied upon by the examiner in the                   
         statement of either rejection as correctly noted by appellant              
         (reply brief, page 4).  However, appellant (reply brief, page 4)           
         argues to the effect that Ritchie would have supported a                   
         proposition of appellant that is asserted in arguing against the           
         examiner’s stated rejections.  Consequently, Ritchie is part of            
         the evidence of record that we consider because of appellant’s             
         reliance thereon in opposition to the examiner’s stated                    
         rejections.  CF., In re Hedges 783 F.2d 1038, 1039-40, 228 USPQ            
         685, 686 (Fed. Cir. 1986).                                                 





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