Ex Parte Westphal et al - Page 20



         Appeal No. 2006-1695                                                       
         Application No. 10/649,277                                                 
         teaching of embedding flags in image files could not be applied            
         to the image data system of Takeda.  Because images are stored in          
         default landscape orientation, the embedded flag in Kagle is               
         effectively data indicative of the degree that an image was                
         rotated (i.e., 0° or 90°) as compared to its original captured             
         image (i.e., its corresponding original image) depending on the            
         camera's orientation.  In our view, such a teaching would have             
         been readily applicable to the compressed image storage and                
         display system of Takeda.  Although Kagle indicates that actual            
         rotation can occur outside the camera in this embodiment, we               
         agree with the examiner that Kagle's teaching would nonetheless            
         have been reasonably applicable to Takeda's image display system,          
         particularly noting that Takeda's system includes, among other             
         things, a CPU 8 and a display 5 controlled by display controller           
         6.  Also, as noted previously, Kagle expressly teaches in a                
         second embodiment that the camera itself can automatically rotate          
         images.                                                                    
              Finally, we note that the combined teachings of Kagle and             
         Takeda fairly teach and suggest a hand-held device with the                
         claimed features.  First, digital cameras that store captured              



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