Appeal 2007-2128
Application 09/757,006
anticipation. We sustain the rejection of claim 85. Claim 86, not separately
argued, falls with claim 85. See 37 C.F.R. § 41.37(c)(1)(vii).
We also sustain the § 102(b) rejection of claim 88, where the shape of
the icons is “determined” by the selected theme, and of claim 89, where said
defined area is displayed with a background image that is “determined” by
the selected theme. Appellants appear not to appreciate the Examiner’s
position (e.g., Answer 9) that the shape of icons or the background image
being “determined” by the selected theme does not require that the shape of
icons or the background image be selectable as a function of selecting a
particular theme. In MS Win, as interpreted by the Examiner, when a theme
such as “Large Icons” is selected, that theme determines the shape of the
icons and the background image. When a theme such as “Small Icons” is
selected, that theme determines the shape of the icons and the background
image. So far as the language of the claims is concerned, the shape of the
icons may be identical in the two themes; the background image may be
identical in the two themes. Appellants’ arguments are not commensurate
with the broad scope of the claims.
Claim 87 stands rejected under 35 U.S.C § 103(a) as unpatentable
over MS Win and Yang. Appellants acknowledge that Yang discloses that a
user can view the contents of an album (comprised of multimedia objects) as
a slideshow, and has control over certain options. (Br. 6.) Appellants
submit, however, that Yang does not relate to the recording of multimedia
objects onto a removable storage medium. Appellants allege there is no
teaching in MS Win or Yang that suggests an interface that enables the user
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