Appeal No. 2006-1695
Application No. 10/649,277
original image, and (2) a program that then uses this data to
re-rotate or re-flip the image to correspond to its original
image as claimed [reply brief, page 8].
Appellants also argue that Kagle's stored camera orientation
data is to be used by a display device external to the camera.
According to appellants, Kagle therefore does not disclose a
hand-held device that includes a program that functions to access
data stored on the hand-held device corresponding to a compressed
image and that uses data indicative of whether the compressed
image was rotated or flipped as compared to its corresponding
original image to rotate or flip the image as appropriate [brief,
page 16]. The examiner responds that Takeda discloses an image
display that is included in the image processing apparatus of
Fig. 1 [answer, page 22]. The examiner further interprets the
limitation "hand-held device" in the preamble as having no
patentable weight or, in the alternative, modifying Takeda's
system to function in the manner claimed in a smaller portable
device would have been an obvious modification [answer, pages 22
and 23].
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