Appeal 2007-2215
Application 09/918,287
1 In the reply, the Applicants argue that in Paragraph 74 of Shniberg viewing
2 images “in real time” must mean viewing images in the same session as the earlier
3 referenced “real time telephone call or any other suitable communication” (Reply
4 Br. 8). According to the Applicants, both instances of “real time” in Paragraph 74
5 refer to the telephone call or other suitable communication during which the
6 spectator identification code is provided to the person desiring to view pictures.
7 The position is not understood. For some reason, the Applicants regard “real time”
8 as a particular time period rather than a limitation specifying practical
9 simultaneity. We reject the Applicants’ contention that in Paragraph 74 of
10 Shniberg, the second instance of “real time” refers to the same time period as the
11 first instance of “real time.” Neither instance of “real time” refers to a particular
12 time period. Instead, the first instance of “real time” is concerned with
13 communication and indicates that the communication does not involve delay or the
14 taking of messages, and the second instance of “real time” indicates that the image
15 is viewed practically simultaneously as it is taken. The first instance of “real time”
16 relates to a communication during which a spectator identification code is provided
17 to someone who may want to use it on a web site to view desired images. The
18 second instance of “real time” relates to a viewing of images some time after the
19 communication during which the spectator identification code was provided.
20 The Applicants have not addressed the Examiner’s view with regard to the
21 reading by one with ordinary skill in the art of Shniberg. The Applicants have not
22 submitted the testimony of any technical witness regarding how one with ordinary
23 skill in the art would read the disclosure of Shniberg and whether that would
24 contradict the Examiner’s finding and rationale. More importantly, it is noted that
25 according to Shniberg’s Paragraph 74 the telephone or other type of
26 communication is not even necessary for someone who already has access to ticket
14
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