Ex Parte Quintana et al - Page 3




              Appeal No. 2006-2750                                                                                             
              Application No. 10/104,498                                                                                       

                      We agree with the examiner’s findings (answer, pages 4 and 5) that Niikawa describes all                 
              of the limitations set forth in claim 1.  Appellants’ arguments (brief, pages 8 and 9) that Niikawa              
              does not describe “each or every use made of the image file” and does not store “any previous                    
              times the image was edited, printed or transferred” are without merit since such arguments are                   
              not commensurate in scope with the invention set forth in claim 1.  Appellants’ argument (brief,                 
              page 9) that “merely counting various types of uses is not the same as ‘writing a description of                 
              each of a series of uses made of said image file’” is equally without merit since the history table              
              data kept by Niikawa in Figures 16 and 17 (e.g., column 9 (writing the dates of image data                       
              transfers), column 13 (number of times the image data has been printed), column 14 (date that                    
              the image data was printed), column 16 (number of image data that is edited), column 17 (type of                 
              edit operation) and column 18 (latest date of image data editing)) is “writing a description of                  
              each of a series of uses made of said image file.”                                                               
                      Turning to claim 23, we agree with the examiner’s finding (answer, page 4) that Niikawa                  
              describes “means for associating said event log with said image file” in Figure 11 and Tables 1                  
              and 2 (column 11).  As indicated supra, the whole purpose of Figures16 and 17 is to associate the                
              history of use data with the image data.                                                                         
                      Turning next to claim 13, appellants’ argument (brief, page 11) that the applications in                 
              Niikawa are not capable of “recording an entry in an event log when an image file is used by that                
              application to describe what use that application made of the image file” is without merit since                 
              entries are made in columns 16 through 18 when the image file is edited each time by an edit                     
              application as indicated supra.                                                                                  

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