Appeal No. 2006-2919 Page 9
Application No. 10/291,955
that the processor locates data portion 200 and decodes data portion 200 to
obtain the stored biometric data based on data associated with the patterns
read from the first image [id.]. Therefore, the examiner concludes that
Gerety discloses: “wherein the stored biometric data is located based on the
data read from the first image” [id., claim 1].
With respect to Roustaei, the examiner acknowledges that Roustaei's
imager is not a biometric imager [answer, p. 21]. However, the examiner
asserts that Roustaei’s imager is capable of capturing “regular images” in
addition to bar code images, and when combined with the capturing of
biometric images as taught by Gerety, the combination discloses the imager
recited in claim 1 [id.]. The examiner concludes that Gerety and Roustaei
are analogous art as both references use imaging devices to obtain image
data of (1) bar code data, and (2) other non-bar code image data [id.].
In the reply brief, appellants further argue: “According to the
specification of the present invention, a biometric image is compared to
stored biometric data (See Specification, p. 4, lines 17-21)” [reply brief,
page 3, emphasis added]. Appellants assert that this requires the stored
biometric data to be located within the database in which the data is stored
[reply brief, page 3]. Appellants assert that reading the biometric image
initiates location of the stored biometric data [id.]. Appellants argue that
Gerety teaches the steps of: (1) collecting biometric information from a
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