Appeal No. 2006-2648 Page 3
Application No. 09/788,387
acquiring the image from the image acquisition device and
generating image data related to the acquired image, wherein the
generated image data is automatically stored at a selected position of the
displayed sequence of stored image data in accordance with a user's
instruction when the image is acquired.
Claims 1, 4, 7, 8, 12, and 13 stand rejected under 35 U.S.C. § 102(e) as
anticipated by U.S. Patent No. 6,515,704 ("Saito"). Claims 5, 9, 14, and 16 stand
rejected under 35 U.S.C. § 103(a) as obvious over Saito and U.S. Patent No. 5,943,050
("Bullock").
II. OPINION
Our opinion addresses the claims in the following order:
• claims 1, 4, 5, 7-9, and 12-14.
• claim 16.
A. CLAIMS 1, 4, 5, 7-9, AND 12-14
"When multiple claims subject to the same ground of rejection are argued as a
group by appellant, the Board may select a single claim from the group of claims that
are argued together to decide the appeal with respect to the group of claims as to the
ground of rejection on the basis of the selected claim alone. Notwithstanding any other
provision of this paragraph, the failure of appellant to separately argue claims which
appellant has grouped together shall constitute a waiver of any argument that the Board
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