Appeal 2007-2215
Application 09/918,287
1 410. According to Shniberg’s Paragraph 74, someone who already has access to
2 ticket 410 need not be involved in any communication and may simply enter at the
3 web site the seat location indicia 412 on ticket 410. That alone refutes the
4 Applicants’ argument that in Paragraph 74 of Shniberg, “real time” means that the
5 images are viewed during the communication session in which the spectator
6 identification code is provided from the spectator to the person with access to the
7 web site. The indefinite reference to “any picture taken of a spectator” is also not
8 inconsistent with directing movement of the camera to the proper seat location in
9 response to the seat location indicia provided, because the spectator is not
10 necessarily always located at his or her assigned seat if and when the image
11 capturing device has been directed to the spectator’s assigned seat.
12 The Applicants point out that a reference must be read for all that it teaches.
13 That is true. The embodiment described in Shniberg’s Paragraphs 74 and 75
14 cannot be ignored on the ground that other embodiments disclosed in Shniberg do
15 not involve real time viewing of images taken of a spectator. The Applicants argue
16 (Reply Br. 9) that because there are unlikely to be sufficient cameras in football
17 stadiums to view every single person simultaneously, the Shniberg system cannot
18 possibly accommodate web-user driven imaging in real time of every single
19 spectator. The argument is misplaced, as Shniberg is a publication and not an
20 actual system in usage, and because Applicants’ claims do not require an ability to
21 direct the image capture device to every single seating location, without exception.
22 Even if Shniberg’s system cannot implement real time imaging of every single
23 spectator at an event, there is still no merit to the Applicants’ argument.
24 The Applicants also argue that the reference in Shniberg to real time
25 viewing of any picture “taken” is expressed in the past tense and therefore not
26 really in real time with respect to the taking of the picture. The argument is
15
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