Ex Parte Novais et al - Page 2


              Appeal 2007-2215                                                                                     
              Application 09/918,287                                                                               
         1                            Reference Relied on by the Examiner                                          

         2    Blank  US Patent 5,469,536           Nov. 21, 1995                                                   
         3    Shniberg  US Pub. App. 2002/0085762 July 04, 2002                                                    
         4    Showghi  US Patent 6,473,739  Oct. 29, 2002                                                          
         5    Gluck  US Patent 6,532,345  Mar. 11, 2003                                                            
         6    Weston  US Patent 6,608,563  Aug. 19, 2003                                                           
         7                                                                                                         
         8                                                                                                         
         9                                  The Rejections on Appeal                                               
        10                                                                                                         
        11          The Examiner rejected claims 1-7 under 35 U.S.C. § 102(e) as anticipated                       
        12    by Weston.                                                                                           
        13          The Examiner rejected claims 8-15 under 35 U.S.C. § 103(a) as                                  
        14    unpatentable over the combined teachings of Blank, Gluck, and Shniberg.                              
        15          The Examiner rejected claim 16 under 35 U.S.C. § 103(a) as unpatentable                        
        16    over Blank, Gluck, and Showghi.                                                                      
        17    B. Issue                                                                                             
        18          Have the Applicants shown error in the rejection of claims 1-16?                               
        19    C. Summary of the Decision                                                                           
        20          The Applicants have shown error in the rejection of claims 1-7 but not in the                  
        21    rejection of claims 8-16.                                                                            
        22    D Findings of Fact (Referenced as FF. ¶ No.)                                                         
        23          1. The invention is directed to a process of offering imaging services to a                    
        24    customer who attends an entertainment event and whose attendance at the event is                     
        25    associated with a fixed seating location, where the images include images of                         
        26    participants in the entertainment event and images of the customer viewing the                       
        27    event.  (Specification 2, ll. 7-17).                                                                 
        28          2. In the process recited in independent claim 1, an imaging service is                        
        29    selected by the customer, an identification code is assigned to the customer                         


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