Appeal 2007-2215
Application 09/918,287
1 practical simultaneity. To one with ordinary skill in the art, unless demonstrated
2 otherwise by the Applicants, viewing in real time a picture taken can have no
3 reasonable meaning other than seeing a picture practically simultaneously with the
4 taking of the picture, i.e., essentially at the same time. That is also the Examiner’s
5 rationale, as the Examiner explained that in order to view in real time a picture
6 taken of a spectator, the camera would necessarily have to be directed to the proper
7 seat location based on entry of the seating location indicia, in order to take a
8 picture for viewing in real time.
9 Citing Paragraph 72 of Shniberg, the Applicants argue that in Shniberg
10 pictures are taken continuously throughout the event without regard to entry of any
11 spectator’s identification code or seat location. Paragraph 72 of Shniberg is
12 reproduced below:
13 In accordance with a preferred embodiment of the present
14 invention, the spectator removes the removable spectator identifier
15 416 from the ticket and adheres it to his outer clothing. The spectator
16 is photographed wearing the spectator identifier 416, while in an
17 arena or other suitable location, preferably by one or more static
18 cameras 420 and/or by one or more moving cameras 422. Any
19 suitable type of photography may be employed such as still
20 photography, video photography and both digital and analog media
21 may be employed.
22
23 We agree that in the embodiment as described above, it appears that a spectator’s
24 seat number entered through a website would not be used to direct the movement
25 of any imaging device. However, the embodiment according to Paragraph 72 is
26 not the part of Shniberg’s disclosure relied on by the Examiner. The Examiner
27 relied on the embodiment of Shniberg described in Paragraph 74, particularly the
28 portion about viewing images in real time as discussed above.
13
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: September 9, 2013