Ex parte YAMASHINA et al. - Page 8




          Appeal No. 95-1635                                                          
          Application No. 07/928,703                                                  


          puzzling as to why the examiner refers to this reference in                 
          attempting to counter appellants’ argument with regard to claim             
          26.                                                                         
               Since there is no teaching of the claimed “arcuate wall”               
          having the required “inside surface,” as claimed, in either one             
          of Maeno or Ohmura, we also will not sustain the rejection of               
          claims 27 through 30, which depend from claim 26, under 35 U.S.C.           
          § 103.                                                                      
               We also note that while we need not reach the limitations of           
          claims 3, 4, 17 and 18, because we have reversed the rejection              
          with regard to their parent claims, it is clear that none of the            
          applied references suggests, in any way, that the film supply               
          chamber and the film take-up chamber differ in size from each               
          other.  Thus, even though the examiner may be correct in the                
          assessment that a supply chamber and a take-up chamber may,                 
          alternatively, act as the other in a rewind mode and in a                   
          picture-taking mode, the claims still require that the supply               
          chamber be smaller than the take-up chamber.  Therefore, no                 
          matter what mode we are concerned with, one of the chambers must            
          be smaller than the other chamber and there is no indication in             
          any of the applied references that this is the case.                        


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