Ex Parte Novais et al - Page 20


              Appeal 2007-2215                                                                                     
              Application 09/918,287                                                                               
         1          We note further the following discussion in Showghi, which supports the                        
         2    Examiner’s reasoning for displaying graphical images on hand held units such as                      
         3    those disclosed in Showghi for selection by the patrons (Showghi, col. 7, ll. 23-                    
         4    29):                                                                                                 
         5          As is well understood by those skilled in the art, the simple menu                             
         6          system as portrayed in FIG. 4 relates to the limited display capabilities                      
         7          on today’s mini-browser cellular telephones and related devices.                               
         8          However, as time moves on, much higher text densities, graphics, and                           
         9          even color will become common place and represent only the natural                             
        10          evolution of the method of this invention.                                                     
        11                                                                                                         
        12    The description plainly indicates that displaying graphical images on the hand-held                  
        13    units are within the realm of invention as contemplated by Showghi.  That                            
        14    suggestion, coupled with Gluck’s teaching that images of the patrons at an                           
        15    entertainment event can be souvenirs, provides ample basis for the Examiner’s                        
        16    stated combination of the teachings of Gluck and Showghi.                                            
        17                                         Conclusion                                                      
        18          The rejection of claims 1-7 under 35 U.S.C. § 102(e) as anticipated by                         
        19    Weston is reversed.                                                                                  
        20  The rejection of claims 8-15 under 35 U.S.C. § 103 as unpatentable over                                
        21    Blank, Gluck, and Shniberg is affirmed.                                                              
        22  The rejection of claim 16 under 35 U.S.C. § 103 as unpatentable over Blank,                            
        23    Gluck, and Showghi is affirmed.                                                                      
        24          No time period for taking any subsequent action in connection with this                        
        25    appeal may be extended under 37 C.F.R. § 1.136(a).                                                   

                                             AFFIRMED-IN-PART                                                      
              sd                                                                                                   


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