Ex Parte Vollkommer et al - Page 20



            Appeal No. 2006-2919                                                      Page 20               
            Application No. 10/291,955                                                                      

            Zagami’s digital imager neither captures biometric data nor bar code data,                      

            but instead produces an image for an access pass [id.].  Appellants point out                   

            that Zagami’s access pass image (fig. 1) is a composite of an image of the                      

            person and an image of the person's identification document [id.].                              

            Appellants assert that with the exception of the bar code, the images on the                    

            access card are not machine-readable [id.].  Appellants conclude that                           

            Zagami is insufficient to cure the deficiencies of Gerety or Roustaei [id.].                    

                   The examiner disagrees [answer, page 22].  The examiner asserts                          

            there are no deficiencies of the proffered combination of Gerety in view of                     

            Roustaei, and further in view of Zagami [id.].                                                  

                   We note that we have fully addressed appellants’ argument alleging                       

            that the cited combination of Gerety and Roustaei does not teach nor                            

            suggest the limitation of locating stored biometric data based on data read                     

            from the first image.  We agree with the examiner that this limitation is                       

            taught by the cited combination of Gerety and Roustaei, as discussed supra                      

            with respect to representative claim 1.                                                         

                   We note that claim 7 recites the limitation of: “wherein the imager is a                 

            dual focus imager.”   In the rejection the examiner acknowledges that                           

            Gerety and Roustaei do not teach a dual focus imager [answer, page 8].                          

            However, the examiner points to Zagami (col. 7, lines 22-40) for the                            

            teaching of an access pass that works in association with a dual focus                          







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