Appeal No. 1997-0693
Application 08/226,684
frames of the dye donor element but merely “along said dye
frame.” Certainly, the showing of Figure 3a shows that they
are located along with the dye frames or along the length of
the carrier 14 in the interframe areas 14a. Since there is an
interframe area 14a between each dye frame color, the viewer
may also well consider that an interframe area be associated
with each dye frame color and, therefore, additionally
interpreted as being along said dye frames. Because the
actual markings for the color indicia are of a cyan color,
they are opaque for purposes of the end of claim 8 on appeal.
Therefore, the rejection under 35 U.S.C. § 102 of this claim
is sustained.
In view of the foregoing, we have sustained only the
rejection of claims 8 through 10 under 35 U.S.C. § 102. We
have reversed the rejection of independent claim 1 and its
respective dependent claims under 35 U.S.C. § 102 and 35
U.S.C. § 103.
As such, the decision of the examiner is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
8
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