Appeal No. 96-1766
Application 08/218,822
In our view, the examiner has failed to give proper
weight to the claim requirement that the cartoon character
painting is unrelated to the appearance of the actor. In the
context of claim 1, the actor is completely covered by a body-
suit whose color is invisible to the photographing apparatus.
Thus, the drawings made on the body suit, in colors which are
visible to the camera, indeed do not relate to the appearance
of the actor. If there is any resemblance between the cartoon
character and the actor inside the body-suit, the resemblance
is purely by happenstance and not by design. It is
unreasonable for the examiner to say the two are related
simply because some cartoon characters take on a humanoid form
and the actor or actress inside the body-suit is a human.
That kind of generic or overall likeness in the number of
limbs, a torso and a head is not the type of "related
appearance" pertinent to the claimed invention. Claims must
be reasonably interpreted in light of the specification. The
above-quoted portion of the specification makes clear what is
meant by "not related" to the appearance of the actor or
actress. At issue is the personal features of the person, not
features common to all humans.
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