Ex Parte McIntyre et al - Page 6



          Appeal No. 2006-1643                                        Παγε 6                          
          Application No. 09/845,589                                                                  

          examiner turns to Monn for a teaching of cutting out images and                             
          fixing them to a surface in a scrapbook.                                                    
               Appellants' position (brief, page 8) is that there is no                               
          teaching or suggestion in FJCP concerning making scrapbook pages.                           
          Appellants note that claim 1 calls for the instructions and                                 
          visual images to be formed on the photographic print medium, and                            
          that in contrast, there is no suggestion in FJCP to place the                               
          greeting on photo stock.  It is argued (id.) that a greeting on a                           
          greeting card is not instructions for making a scrapbook page.                              
          With respect to Monn, appellants assert that MOnn shows a                                   
          separate sheet having instructions and says nothing about                                   
          combining the instructions with the photo on the same medium,                               
          much less a photographic medium.                                                            
               Appellants further assert (id.) that claim 1 requires                                  
               allowing the user to manually cut out the series of                                    
               different characteristics of visual images from the                                    
               medium in accordance with the instructions; and                                        
               allowing the user to manually fix the cut out different                                
               visual images on the page forming a composite image on                                 
               the page in accordance with the instructions which can                                 
               be used in the scrapbook.                                                              
          It is argued to the effect that FJCP does not suggest scrapbook                             
          pages or forming a composite image, and that Monn says and                                  
          suggests nothing about forming a scrapbook page or instructions                             














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