Appeal No. 2006-1643 Παγε 11
Application No. 09/845,589
Nor are we persuaded by appellants’ assertion (id.) that
Monn says and suggests nothing about forming a scrapbook page.
From the disclosure of Monn that the photo album can be replaced
with a scrap book, and Monn’s disclosure of overlapping photos to
form a collage, we find that an artisan would have been motivated
to form a collage of photos for use as a scrapbook page.
From all of the above, we agree with the examiner, for the
reasons set forth in the answer, as amplified by our comments,
that the combined teachings of FJCP and Monn would have suggested
the invention of claim 1, within the meaning of 35 U.S.C. § 103.
The rejection of claim 1 under 35 U.S.C. § 103(a) is sustained.
We turn next to claim 3. Appellants assert (brief, page 9)
that FJCP has different size images on a sheet but not mirrored
images or combinations of sizes, colors and mirrored images.
Appellants add that Monn says nothing about mirrored images or
combinations of sizes, colors and mirrored images. The
examiner’s position (answer, page 9) is FJCP as modified by Monn
discloses the characteristics including different sizes.
We agree. Claim 3 recites that “wherein the characteristics
include different sizes, colors, mirrored images or combinations
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