Ex Parte Beeman et al - Page 2



          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          has withdrawn an outstanding rejection of certain dependent                 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.                       
                                          2                                           




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