Ex Parte McIntyre et al - Page 7



          Appeal No. 2006-1643                                        Παγε 7                          
          Application No. 09/845,589                                                                  

          for cutting out images.  Appellants add that tearing of an                                  
          offending border is not teaching or suggesting anything about                               
          cutting out the series of images.                                                           
               From our review of FJCP, we find that the reference                                    
          discloses a Total Choice Collection that includes enhancements.                             
          A configuration can include a single sheet having printed thereon                           
          one 5x7, 3 wallets and 3 billfolds.  From this disclosure, we                               
          find that the reference teaches providing a single sheet with                               
          three different sizes, or different characteristics, of a photo.                            
          In addition, FJCP discloses a greeting card that includes a                                 
          portrait as well as a greeting thereon.  The reference is silent                            
          as to the substrate the photo and the greeting are on.  However,                            
          from the disclosure of a photo and a greeting on the greeting                               
          card, we find that both the photo and the greeting are on the                               
          photographic print medium, since whatever medium is used to print                           
          the photo and the greeting is the photographic print medium.                                
          Turning to the greeting, we find that the content of the                                    
          greeting is printed matter, and that the content of the greeting                            
          does not patentably distinguish from the prior art.  Whether the                            
          printed matter is a statement such as “Announcing the Graduate”                             
          or instructions for creating scrapbook page from the photos does                            
          not have patentable weight.  In addition, from the disclosure of                            













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