Appeal No. 2006-1643 Παγε 3
Application No. 09/845,589
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Monn 5,712,005 Jan. 27, 1998
Morag 6,324,545 Nov. 27, 2001
http://film.jcpenneyportraits.com (FJCP), (February 7, 2001)
Claims 1, 3, 4, 6, 8, 10-15, 17, 18 and 23-27 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over FJCP in view
of Monn.
Claims 20-22 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over FJCP in view of Monn and Morag.
Rather than reiterate the conflicting viewpoints advanced by
the examiner and the appellants regarding the above-noted
rejections, we make reference to the answer (mailed April 21,
2005) for the examiner's complete reasoning in support of the
rejections, and to the brief (filed March 21, 2005) for the
appellants’ arguments thereagainst.
Only those arguments actually made by appellants have been
considered in this decision. Arguments which appellants could
have made but chose not to make in the brief have not been
considered. See 37 CFR § 41.37(c)(1)(vii)(eff. Sept. 13, 2004).
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