Appeal No. 2006-1643 Παγε 16
Application No. 09/845,589
The examiner’s position (answer, page 5) is that claim 10 is
rejected for the same reasons as claim 1.
At the outset, we make reference to our findings, supra,
with respect to the teachings of FJCP and Monn. From the language
of the claim we find that claim 10 recites in part “using a
digital image of the single image to produce a series of digital
images of the same single image where each of the digital images
of the same single image have different characteristics.” We
find nothing in the language of the claim that would require the
images to be from different photographs. For example, a sequence
of MPEG images can have the same image even though the images are
in a series of images. What is required by this portion of claim
10 is that the images in the series of digital images from the
single image have different characteristics. From the disclosure
of FJCP that a single photographic sheet have three different
sizes (characteristics) of the same image, we find that the three
different size images on the same photographic sheet meets the
claimed series of images as recited in claim 10. The rejection
of claim 10 is sustained.
We turn next to claim 11. Appellants assert (brief, page
11) that
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