Appeal No. 2006-1643 Παγε 25
Application No. 09/845,589
matter) by clicking on the circular icon to the left of the
desired greeting. As to the content of the specific instruction,
we find that the content does not establish a new and unobvious
relationship between the instruction and the substrate it is
printed on. In addition, an artisan would be motivated to
provide whatever instructions necessary for the user. From all
of the above, the rejection of claim 26 under 35 U.S.C. § 103(a)
is sustained.
We turn next to claim 27. Appellants rely upon the
arguments presented for the reversal of the rejection of
claim 25. In addition, appellants assert (brief, pages 14 and
15) that the images of the created series each have a unique
printable identifier associated with each image. There is no
such unique identifier or set of instructions provided or
suggested by FJCP or Monn. The examiner’s position is that claim
27 is rejected for the same reasons as claim 1.
At the outset, we make reference to our findings, supra,
with respect to the teachings and suggestions of FJCP and Monn.
In addition, we find the indicia on each image, such as numbering
the images, is printed matter, that fails to establish a
functional relationship between the indicia and the substrate
upon which the picture is printed. Accordingly, the indicia does
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