Appeal 2007-0902
Application 10/077,500
NEW GROUNDS OF REJECTION
Pursuant to our authority under 37 C.F.R. § 41.50(b), we have sua
sponte set forth new grounds of rejection for claims 1, 11, and 19.
The following is a quotation of the appropriate paragraphs of
35 U.S.C. § 102 that form the basis for the rejections under this section made
in:
35 U.S.C. § 102.
A person shall be entitled to a patent unless -
(b) the invention was patented or described in a printed publication in
this or a foreign country or in public use or on sale in this country, more
than one year prior to the date of application for patent in the United
States.
Claim 1, 11, and 19 are rejected under 35 U.S.C. § 102(b) as
anticipated by Szajewski (US Pat. 5,875,362).
Szajewski teaches a single use camera which uses its flash as an
emergency strobe or for continuous illumination which can be used to
illuminate something which is desired to take a flash picture in the dark.
(Szajewski claim 1, col. 1, ll. 61-63, col. 2, ll. 55-60, col. 4, ll. 7-11). From
our review of the teachings of Szajewski, we find that Szajewski teaches a
camera comprising a strobe for supplying light to a scene, the strobe flashing
repeatedly throughout composition of a photograph. Here, Szajewski
teaches the use of the light to frame a photograph with the continuous
illumination. We deem the use of the flashing to also be usable for framing
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