Ex Parte Sato - Page 14

                Appeal 2007-1275                                                                              
                Application 09/824,248                                                                        

                      Instead, we agree with the Examiner that Shioji discloses the recited                   
                "determination processor" and "image processor" limitations of claim 9.                       
                (Answer 4-5, 8-10; FF 6-10.)  Appellant contends that "SHIOJI does not                        
                disclose the continual still image photographing operation as recited in                      
                claim 9."  (Reply Br. 3; see also Br. 7-10, Reply Br. 4-5.)  However, as the                  
                Examiner correctly found, the motion image of Shioji is "a series of captured                 
                still images captured at a frame rate (interval)."  (Answer 8; FF 5.)                         
                      Appellant also contends that "[t]here is no disclosure whatever in                      
                SHIOJI that an operator would select a frame rate for any operation related                   
                to obtaining still images."  (Br. 9.)  However, the Examiner correctly found                  
                that Anderson teaches this limitation (Answer 9-10; FF 2) and that Shioji                     
                also meets this limitation because it "discloses the ability to select a frame                
                rate for any operation related to obtaining still images by providing the user                
                the ability to select different frame rates (i.e. 30 fps or 15 fps)" (Answer 10;              
                FF 5-6).                                                                                      
                      Moreover, Appellant asserts that "SHIOJI does not disclose that a                       
                unique indicator is used to determine whether a plurality of discrete images                  
                were obtained in a continual still image photographing operation."  (Reply                    
                Br. 4.)  However, the Examiner correctly found that "Anderson teaches the                     
                ability to tag the images as a time lapse (continual still) and to specify the                
                interval at which they were captured" (Answer 10; FF 2-3) and that "one                       
                would be motivated to reproduce the time-lapse image using the same speed                     
                at which it was captured" (Answer 10; FF 4-5).  In addition, the Examiner                     
                correctly found that in Shioji "the CPU [19] determines a still image                         
                reproduction mode or a motion image reproduction mode" (Answer 7; FF 9)                       


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