Ex Parte McIntyre et al - Page 28



          Appeal No. 2006-1643                                       Παγε 28                          
          Application No. 09/845,589                                                                  

          provider that is sent the picture by the user to create the                                 
          scrapbook page suggested by the combined teachings of FJCP and                              
          Monn.  That is, instead of going to the FJCP site and selecting a                           
          picture and sheet configuration, that a user would be taught to                             
          send a picture to the provider, with instructions for a collage                             
          picture sheet or sheets, and have the provider follow the user’s                            
          instructions in creating the album requested by the user.                                   
          Accordingly, we are not convinced of any error on the part of the                           
          examiner in rejecting claim 20 under 35 U.S.C. § 103(a).  The                               
          rejection of claim 20 under 35 U.S.C. § 103(a) is sustained.  In                            
          addition, we will sustain the rejection of claim 21 because                                 
          FJCP’s disclosure of charges for different products would have                              
          suggested to an artisan making payment to the provider for the                              
          product received.  We will likewise sustain the rejection of                                
          claim 22 in view of Morag’s disclosure of accessing the provider                            
          over the Internet.  Since the provider is being contacted by the                            
          user over the Internet, the provider would have been motivated to                           
          accept payment from the purchaser over the Internet, due to the                             
          common use of the Internet as a way to pay for products ordered                             
          over the Internet.                                                                          















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