Ex Parte McIntyre et al - Page 27



          Appeal No. 2006-1643                                       Παγε 27                          
          Application No. 09/845,589                                                                  

          Appellants rely upon the arguments presented for the reversal of                            
          the rejection of claim 1. In addition, appellants assert (brief,                            
          page 15) that                                                                               
               Claim 20 also calls for “the user sending a digital                                    
               image over a communication channel to a service                                        
               provider with instructions to the service provider,                                    
               such service provider using the digital image produces                                 
               a series of digital images of the same image where each                                
               of the digital images of the same image have different                                 
               characteristics in accordance with the instructions and                                
               sends such digital images series to the user.”  FJCP                                   
               and Monn do not address this.  Morag does not teach or                                 
               suggest anything about instructions to the service                                     
               provider that instruct the production of “a series of                                  
               digital images of the same image where each of the                                     
               digital images of the same image have different                                        
               characteristics.”                                                                      
               From the disclosure of Morag (col. 1, lines 52-62) of the                              
          customer acquiring digital images; transmitting the images to the                           
          service provider; the service provider arranging the images into                            
          an album; printing the images and assembling the album;                                     
          including arranging images on pages and grouping pictures                                   
          together (col. 1,lines 49-51); storing the proof album at an                                
          Internet site (col. 3, lines 41-48); generating composite images                            
          comprising an image mosaic from a plurality of overlapping images                           
          (col. 4, lines 52-54), and having an instruction store which                                
          stores instructions for arrangements (col. 5, lines 16-19), we                              
          find that an artisan would have been motivated to use a service                             













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