Ex parte STEPHENSON - Page 2




                    Appeal No. 97-3400                                                                                                                                     
                    Application 08/584,908                                                                                                                                 


                    claim 4 is not before us.  An amendment filed subsequent to the                                                                                        
                    final rejection correcting a typographical error in claim 1 has                                                                                        
                    been entered.                                                                                                                                          
                              Appellant’s invention pertains to an index print sheet on                                                                                    
                    which is printed a series of pictures that match a series of                                                                                           
                    images recorded on a film medium, with the index print sheet                                                                                           
                    being capable of storing or holding the film medium.  Independent                                                                                      
                    claim 5, a copy of which is appended to appellant’s brief, is                                                                                          
                    illustrative of the appealed subject matter.3                                                                                                          
                              The references of record relied upon by the examiner in                                                                                      
                    support of a rejection under 35 U.S.C. § 103 are:                                                                                                      
                    Lowenstein                                        1,233,076                     Jul. 10, 1917                                                          
                    Holson                                            4,263,357                     Apr. 21, 1981                                                          
                              In addition, the examiner relies upon Official Notice,                                                                                       
                    explained below, in support of the rejection.                                                                                                          
                              Claims 1, 3 and 5-7 stand rejected under 35 U.S.C. § 103 as                                                                                  
                    being unpatentable over “Official Notice in view of Holson and                                                                                         
                    Lowenstein” (answer, page 3).                                                                                                                          
                              Considering first independent claim 5, this claim is                                                                                         
                    directed to a film package comprising a film sheet and an index                                                                                        


                              3The copy of the appealed claims appended to appellant’s                                                                                     
                    brief is incorrect in that line 1 of claim 3 should read “. . .                                                                                        
                    as recited in claim 1 . . . .”                                                                                                                         
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