Ex Parte Wagner - Page 7

                Appeal 2006-2139                                                                                 
                Application 10/292,221                                                                           
                is not relevant in determining whether Meyers anticipates the subject matter                     
                of claim 1.                                                                                      
                       In light of the above, we sustain the Examiner’s rejection of claim 1,                    
                and claim 11 which Appellant has not argued separately from claim 1, as                          
                anticipated by Meyers.  Having determined that Meyers meets the “free-                           
                form line drawing that a user can, through the exercise of imagination and                       
                creativity, interpret and supplement to construct an image that incorporates                     
                but is not determined by the free-form line drawing” limitation of claim 1,                      
                we also sustain the Examiner’s rejection of claim 1 under 35 U.S.C. § 103(a)                     
                as unpatentable over Meyers.                                                                     
                       In arguing against the Examiner’s rejection of claims 3-5, 10-12, and                     
                25-28 as being unpatentable over Meyers in view of Whang, Appellant                              
                merely relies on the argument discussed above that Meyers fails to disclose a                    
                “free-form line drawing that a user can, through the exercise of imagination                     
                and creativity, interpret and supplement to construct an image that                              
                incorporates but is not determined by the free-form line drawing.”  Having                       
                determined above that Meyers meets this limitation, we also sustain the                          
                rejection of claims 3-5, 10-12, and 25-28.                                                       












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