Appeal No. 2006-0567 Application 09/938,256 querying a user as to at least one attribute of an image the user wishes to retrieve by posing a series of explicit questions to the user; receiving explicit user responses to the posed questions; and presenting at least one image to the user based upon the user responses. The following references are relied on by the examiner: Kagami et al. (Kagami) 5,974,422 Oct. 26, 1999 Zhu et al. (Zhu) 6,345,274 Feb. 5, 2002 (filed June 29, 1998) Claims 1 and 3 through 27 stand rejected under 35 U.S.C. § 103. As evidence of obviousness, the examiner relies upon Zhu in view of Kagami. The examiner has set forth a new rejection beginning at page 5 of the Answer under 35 U.S.C. § 102(b) of claims 1 through 27 [sic, 1 and 3 through 27] as being anticipated by Kagami.1 Rather than repeat the positions of the appellants and the examiner, reference is made to the Brief and Reply Brief for appellants’ positions, and to the Answer for the examiner’s positions. 1 As set forth at pages 2 and 3 of the Answer, the examiner has withdrawn an outstanding rejection of certain dependent claims under the second paragraph of 35 U.S.C. § 112. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007