Ex Parte MASSEY, JR. - Page 2




          Appeal No. 2004-0298                                                        
          Application No. 09/385,226                                                  


          a share of the production company’s stock prior to production of            
          the movie.  The purchase of a share of production copy stock                
          provides the shareholder the right to obtain a free copy of the             
          completed movie as a dividend.  Stock purchasers also obtain the            
          right to participate in the production of the movie by “voting” for         
          certain options related to the movie’s production.  Production of           
          the movie is not commenced until the number of shares of stock sold         
          is sufficient to cover the estimated cost of making the movie.              
               Claim 1 is illustrative of the invention and reads as follows:         
          1.  A method for financing production of a movie, via a sale of a           
          security, comprising the steps of:                                          
               displaying a synopsis of the movie, not yet produced, on an            
          internet Web site, wherein the synopsis comprises a group of                
          illustrations with accompanying narrative description of the                
          movie’s story line; and                                                     
               providing a mechanism comprising the sale of the security,             
          which is an investment in the not yet produced movie, presented via         
          the Web site, wherein a single copy of the movie is offered as a            
          dividend for each said security to a viewer of the Web site, prior          
          to completion of the production of the movie.                               
               The Examiner relies on the following prior art:1                       
          The Plain Dealer (Plain Dealer), “Film Investments Can Be More              
          Glitz Than Substance,” Cleveland, Ohio, 1-2, (October 1998).                
          St. Paul Pioneer Press Dispatch (St. Paul), “Barbers ‘Dividends’            
          Looking Good,” St. Paul Pioneer Press, 1 page, (January 1992).              


               1 In addition, the Examiner relies on Appellant’s admissions as to the 
          prior art at pages 2 and 3 of the specification.                            
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