Ex Parte Lin - Page 7



                Appeal 2007-0017                                                                                 
                Application 10/074,179                                                                           
                of the image photo quality is performed by components contained in the                           
                camera (Reply Br. 5).                                                                            

                       Analysis                                                                                  
                       As a matter of claim interpretation, we agree with Appellant that                         
                "checking, in-camera, the photo quality of the captured image to determine                       
                if the photo quality is acceptable" means that checking the photo quality is                     
                done by components in the camera and does not include the user                                   
                determining the photo quality.  The Examiner has not attempted to provide a                      
                different interpretation of the limitation.  The processor 92 merely combines                    
                two digital images, and does not check the quality of the captured images,                       
                e.g., by comparing the two images.  The controller 100 calculates parameters                     
                for taking the images, and does not check the quality of the captured images.                    
                No elements in Ina calculate any quantity that corresponds to a photo quality                    
                of captured image.  In Ina, it is the human user that must look at the                           
                combined image (e.g., 134 in Fig. 14) to determine the photo quality, where                      
                the photo quality is "blurring."  The Examiner, in fact, finds that "the                         
                feedback image is display[ed] on the LCD 40 of the camera so . . . the                           
                quality of the image can be determined by the user during the image                              
                capturing process" (Final Rejection 6), indicating that checking the photo                       
                quality is not done "in-camera."  Ina does not disclose "checking, in-camera,                    
                the photo quality of the captured image to determine if the photo quality is                     
                acceptable."                                                                                     


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