Appeal No. 2006-1643 Παγε 22
Application No. 09/845,589
provide a modified digital image of the same image. In FJCP, a
user selects an image or images for purchase. By selecting an
image from a number of images, we find that the user is providing
the image to be digitally processed and printed. By making a
Total Choice enhancement of the image, such as three different
sizes of the image on a single substrate, we find a modified (by
size) digital image of the same image. In addition, for the
reasons advanced, supra, with respect to, inter alia, claims 1
and 15, we find that the printed matter is non-functional
descriptive material that does not provide a new and unobvious
relationship between the printed matter and the substrate. From
all of the above, we are not convinced of any error on the part
of the examiner in rejecting claim 23. The rejection of claim 23
under 35 U.S.C. § 103(a) is sustained.
We turn next to claim 24. Appellants rely upon the
arguments presented for the reversal of the rejection of claim 1.
In addition, appellants assert (brief, page 13) that no scrapbook
page method with the features of claim 23 is provided as a
product or even suggested by FJCP or Monn. The examiner’s
position (answer, page 6) is that claim 24 is rejected for the
same reasons as claim 1.
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