Appeal 2007-1928
Application 10/163,282
images. As to the process imagery which is an alteration of the source image, it is
clear that the photographs on the tokens of Guertin have been processed from an
original image, drawing, or photograph to be reduce in size and printed on the
tokens. The Examiner has made the factual findings that this is the case. See, for
example, Page 4, ll. 8-11 of the Answer. This factual finding has not been rebutted
with any evidence by the Appellants.
Appellants argue in the Reply (Page 8) that the Examiner has stated that the
tokens of Guertin can be customizable by being made round, flat, or not. Appellant
states that this is not how “customizable” is used in the present application. In the
paragraph preceding this argument, Appellant’s discuss how an image can be
customized by being selected or modified in shape, size or, content. It seems to be
a fair inference on the part of the Examiner that a bit of material that is
customizable can be a bit that is modified in size, shape, content or the like, as the
Examiner has argued.
Appellants further admit that the tokens of Guertin may be replaced by
actual photographs of a player’s relatives. We note that Appellant has argued
elsewhere that the tokens are not customizable by the user. We are of the view that
replacing the tokens with actual photographs is using bits of material (photographic
paper or the like) that have been customized by the user.
Finally to the extent that the claims on appeal are said to define over
Guertin, or for that matter over Sterr, with respect to some bit of material or
confetti bearing one graphic, design, word, image or logo and another bit having a
different graphic, design, word, image or logo, or to bits, sets or pluralities having
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