Ex Parte May - Page 4

                Appeal 2006-1776                                                                                                        
                Application 10/075,976                                                                                                  

                § 122(b).  The second Lively application is the U.S. patent application publication                                     
                that is applied in the new rejection under 35 U.S.C. § 103 at issue.                                                    










                                           3/29/00    2/14/02    3/14/02      7/11/02                                                   
                                           First      Appeal     Second       Second                                                    
                                           Lively     Appl’n     Lively       Lively                                                    
                                           filed      filed      filed        published                                                 


                    The second Lively application became abandoned for failure to respond to an                                         
                Office action that was mailed on June 29, 2005.                                                                         
                       The portions of the second Lively application cited in support of the new                                        
                rejection are fully described in the specification of the first Lively application,                                     
                particularly at pp. 22-27.  More particularly, the subject matter of the rejected                                       
                claims 1 and 8 is described by the first and second Lively applications and Acker                                       
                as follows:                                                                                                             

                            A method of producing a personalized package wrapper [See                                                   
                       Lively para. 26 - gift-wrapping paper; 09/538,612 p. 9] that comprises                                           
                       at least one user submitted image [See Lively para. 53 – user could                                              
                       scan in the desired graphical image; 09/538,612 p. 25], the method                                               
                       comprising the steps of:                                                                                         


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