Appeal No. 2006-1643 Παγε 17
Application No. 09/845,589
Claim 11 calls for the digital image to itself have
plural images of the single image with the different
characteristics. As noted previously Monn has a single
photocopy of an [sic, a] photo example and FJCP
discloses a sheet of photos example. These examples
are not a digital image that is itself a plurality of
images.
The examiner’s position (answer, page 5) is that claim 11 is
rejected for the same reasons as claim 1. We will not sustain
the rejection of claim 11 because we find no teaching or
suggestion in the record, and the examiner has not pointed us to
any teaching that would have taught or suggested “wherein the at
least one digital image includes a plurality of images of the
single having different characteristics and which are arranged as
a single visual image” as recited in claim 11. We likewise
cannot sustain the rejection of claims 12 and 13 because of their
dependency from claim 11.
We turn next to claim 14. Appellants assert (id.) that
[c]laim 14 calls adding to the montage of images created via the
instructions of claim 10 by “providing other visual images on the
scrapbook page either before or after fixing the visual image to
the scrapbook page. FJCP and Monn say nothing about further
adding to the montage.” The examiner refers us to column 4,
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