Appeal No. 2006-1776
Application No. 10/075,976
Accordingly, we do not sustain the examiner’s rejection of claims 1, 2, 3, 5, 6, 7, 8,
23 and 24 as rejected under 35 U.S.C. § 103 as being unpatentable as obvious over
Jennel in view of Hinton.
New Grounds of Rejection Under 37 CFR § 41.50(b)
Pursuant to 37 CFR § 41.50(b), we enter the following new grounds of rejection:
Independent claims 1and 8 are rejected under 35 U.S.C. § 103 as unpatentable as
obvious over Lively in view of Acker.
Lively and Acker show:
A method of producing a personalized package wrapper [See Lively
col. 2 para. 26 - gift-wrapping paper] that comprises at least one user
submitted image [See Lively para. 53 – user could scan in the desired
graphical image] , the method comprising the steps of:
displaying the user submitted image in a display area of an imaging
device [See Lively para. 55 – the up-loaded graphical images 56 can be
included in the custom-created design; also Fig. 9 image ref nbr 56];
providing a window on said image to produce a windowed image, said
window being movable relative to the image, and said windowed image
comprising at least a portion of the image [See Acker col. 7 line 66 to col.
8 line 15 describing an image crop window and Fig. 5 showing the shapes
of such windows - the user at 133 selects a crop shape from the table, and
the selected shape is superimposed over the image at 135 so that the
user can move and/or resize the image within the shape] ;
displaying a package wrapper image that includes a representation of
at least a portion of a package wrapper which includes the windowed
image thereon; [See Lively para. 44 - Once the Internet user has selected
all of the desired graphical image options 56 (background, text, icons
and overall layout of text and icons), the web site 20 push a web page
28e to the screen 32 that displays the entire custom-created design
150 (step 540]
selecting a package wrapper size; and [See Lively para. 50 - under
the printable media type parameter, the following sub-parameters can be
included: printable media type, selected color of the media (paper color)
6
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