Ex Parte McIntyre et al - Page 12



          Appeal No. 2006-1643                                       Παγε 12                          
          Application No. 09/845,589                                                                  

          thereof.”  From the use of the term “or” we find that the                                   
          teaching of one of the listed items is sufficient to meet the                               
          claim language.  From the disclosure of FJCP of having different                            
          size images of the same photograph on the same photographic sheet                           
          (second picture from the right on page 1) we find that the                                  
          limitations of claim 3 are met by the prior art.  Accordingly, we                           
          do not agree with appellants that the claim requires mirrored                               
          images or combinations of sizes, colors and mirrored images.  The                           
          rejection of claim 3 under 35 U.S.C. § 103(a) is sustained.                                 
               We turn next to claim 4.  Appellants assert (brief, page 9)                            
          that the reasons provided regarding claim 1 also apply to                                   
          claim 4.  It is asserted that FJCP and Monn do not teach or                                 
          suggest that the cutting or fixing operations need not be manual.                           
          It is additionally asserted (id.) that claim 4 calls for                                    
          starting with a digital image for the series of images with                                 
          different characteristics that could be non-photographic, such as                           
          a graphic image.  It is argued that neither FJCP nor Monn teach                             
          or suggest that the series images need not be photographic                                  
          images.                                                                                     
               The examiner’s position (answer, page 4) is that claim 4 is                            
          rejected for the same reasons as claim 1.                                                   














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