Ex parte STEPHENSON - Page 3




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


                    print sheet.  The film sheet has a series of images recorded on                                                                                        
                    one side and a non-image area on the same side.  The index print                                                                                       
                    sheet has a series of pictures on one side and a non-picture area                                                                                      
                    on the same side.  According to the claim, the pictures on the                                                                                         
                    index print sheet “match the series of images recorded on said                                                                                         
                    film sheet” and the non-picture area of the index print sheet is                                                                                       
                    “in the same relative location as said non-image area on the film                                                                                      
                    sheet and [is] sized to permit the film sheet to be placed over                                                                                        
                    said non-picture area without covering any of the pictures.”  In                                                                                       
                    addition, the index print sheet is provided with holding means                                                                                         
                    for releasably securing the film sheet to the non-picture area of                                                                                      
                    the index print sheet.  Thus, it is clear that the picture and                                                                                         
                    non-picture areas on the claimed index print sheet and the image                                                                                       
                    and non-image areas on the claimed film sheet are positively                                                                                           
                    related to each other.                                                                                                                                 
                              In rejecting this claim, the examiner has taken Official                                                                                     
                    Notice “that it is conventional to display photographs, film                                                                                           
                    negatives, transparent strips, or positive images in a                                                                                                 
                    transparent photographic album with pockets” (answer, pages 3-                                                                                         
                    4).   The examiner has also found that “Holson teaches providing4                                                                                                                                                


                              4Appellant has not challenged the examiner’s taking of                                                                                       
                    Official Notice to the extent quoted.                                                                                                                  
                                                                                   -3-                                                                                     





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