Ex Parte Lee et al - Page 17

               Appeal 2007-0638                                                                            
               Application 09/933,655                                                                      

               surveillance of a particular location, even though the monitor may already be               
               monitoring a different location at the time of the request.                                 
                      Appellants also argue that “since the secure image monitoring system                 
               of Hsieh teaches remotely monitoring a predetermined local site, there                      
               cannot be any need for identifying the area that is to be under surveillance.               
               In other words, Hsieh fails to identify the area that is to be under                        
               surveillance.” (Br. 15 (emphasis omitted)).                                                 
                      We are not persuaded by this argument.  At column 5, lines 7-8, Hsieh                
               refers to “remotely monitoring a predetermined local site.”  Although this                  
               local site is predetermined, choosing this site still constitutes identifying an            
               area that is to be under surveillance.  Furthermore, by rotating a camera, a                
               particular site within the larger area is identified.  Thus, we agree with the              
               Examiner that Hsieh describes “identifying the area that is to be under                     
               surveillance,” as recited in claim 1.                                                       
                      We conclude that the Examiner has set forth a prima facie case that                  
               claim 1 is anticipated by Hsieh, which Appellants have not rebutted.  We                    
               therefore affirm the rejection of claim 1 under 35 U.S.C. § 102.  Claim 21                  
               falls with claim 1.                                                                         
                                               SUMMARY                                                     
                      The Examiner’s position is supported by the preponderance of the                     
               evidence of record.  We therefore affirm the rejection of claims 1, 2, 18, and              
               21 under 35 U.S.C. § 102 and the rejection of claims 3-9, 11-17, 19, and 20                 
               under 35 U.S.C. § 103.                                                                      




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