Ex parte SPECTOR - Page 5




          Appeal No. 96-1766                                                          
          Application 08/218,822                                                      

               According to claim 1, a living actor is enveloped, except              
          for small openings to enable the actor to see and breathe, in               
          a body suit dyed in a specific blue color excluded from a                   
          special-effects, blue-screen type, matte cinemaphotography                  
          system used to photograph the body-suit covered actor,                      
          "thereby rendering the covered actor invisible to the camera."              
          What is visible to the camera, instead, is "painting on the                 
          surfaces of the body suit in colors other than the specific                 
          color a drawing of said cartoon character whose appearance is               
          that of the cartoon character and is unrelated to the                       
          appearance of the actor."                                                   
               With regard to the above-noted features of claim 1, the                
          specification explains on page 9, lines 20, to page 10, line                
          2:                                                                          
                    It is important to bear in mind that in this                      
               technique, the actor is not dressed and made up to                     
               resemble a cartoon character for there is a highly                     
               perceptible difference between a drawing of a                          
               cartoon character and [an] individual made up to                       
               resemble a cartoon character.  Thus in the movie                       
               "Popeye," the actor Robin Williams who clenches a                      
               corncob pipe in his teeth was made up to resemble                      
               the Popeye of the classic Popeye animated films.                       
               But Popeye, the actor, could never be confused with                    
               Popeye, the cartoon character, for a cartoon                           
               character drawing is an abstraction of an animal-                      
               like or humanoid figure.                                               

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