Ex parte JOHNSON - Page 8




          Appeal No. 2000-0873                                                        
          Application No. 08/975,983                                                  


          for each type of paint, or alternatively, the information                   
          concerning color and/or shading can be provided on another                  
          tangible medium such as on the first side 132a of sheet 132 or              
          on a video tape or audiotape.  Clearly, the described                       
          alternative arrangement of providing information concerning                 
          color and/or shading on another tangible medium relative to                 
          the card 120 would result in a tangible medium (i.e., card                  
          120) specifying amounts of paint needed that is separate from               
          a tangible medium (sheet 132, a video tape or audiotape) that               
          provides color/shading information.                                         
               Accordingly, we shall not sustain the standing rejection               
          of claims 44-48, 55-63, 69-72 under the first paragraph of 35               
          U.S.C. § 112.                                                               
                                    Rejection (b)                                     
               Independent claim 44 is directed to a method including                 
          the step of “specifying amounts needed for each of the                      
          plurality of paints of the mural.”  Independent article claim               
          56 is directed                                                              





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