Ex Parte McIntyre et al - Page 21



          Appeal No. 2006-1643                                       Παγε 21                          
          Application No. 09/845,589                                                                  

          From our review of claim 18, the claim requires printing the                                
          visual information and instructions to facilitate a user cutting                            
          out the images and fixing them to the scrapbook page.  From the                             
          disclosure of FJCP of the greeting card including the greeting                              
          (printed matter) and the photograph, we find that FJCP teaches or                           
          suggests printing out the photograph along with the printed                                 
          matter on the same substrate.  As to the printing of the                                    
          instructions to facilitate the user in making the scrapbook page,                           
          we find that the instructions are non-functional descriptive                                
          material that do not produce a new and unobvious relationship                               
          between the descriptive material and the substrate.  The                                    
          rejection of claim 18 is sustained for the same reasons as we                               
          sustained the rejections of claims 1 and 15.                                                
               We turn next to claim 23.  Appellants rely upon the                                    
          arguments presented for the reversal of the rejection of claim 1.                           
          Appellants additionally argue (brief, page 13) that FJCP and                                
          Monn say nothing about a user providing the images and say                                  
          nothing about modifying a provided image.  The examiner’s                                   
          position (answer, page 6) is that claim 23 is rejected for the                              
          same reasons as claim 1.                                                                    
               Claim 23 requires that at least one portion of a digital                               
          image is provided by the user and that the image is modified to                             













Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next 

Last modified: November 3, 2007