Appeal No. 96-1766
Application 08/218,822
The sole difference between that and the appellant’s claimed
invention, according to the examiner, is that the body suit is
dyed cobalt blue and the enveloped actor or actress is filmed
with a blue-screen type cinemaphotography system. That
difference is made up by reliance on the appellant’s admission
that blue-screen type cinema photograph is well known in the
art. The problem with the examiner’s position is that nothing
has been cited, on this record, to support his assertion that
the photographic technique, of covering an actor in a black
body-suit with small openings for him or her to see and
breathe and painting a skeletal figure on the black body suit
in colors other than black, such as white, is notoriously old
and well known. In the reply, the appellant properly points
out this inadequacy in the examiner’s new ground of rejection.
In a supplemental answer on page 3, the examiner states:
However, the Examiner, an avid television viewer, is
aware of and has seen numerous television programs
and movies employing this "well known photographic
technique." To the best of Examiner’s knowledge, an
episode of the very popular "The Little Rascals"
series employed this technique. Examiner would also
like to add that he has personally seen the type of
animation described in the new grounds of rejection
in a "Las Vegas" style stage show.
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