Ex parte MITSUHASHI et al. - Page 4




            Appeal No. 97-2582                                                                          
            Application 08/484,353                                                                      

                              means for recording said image data in said                               
            memory in response to said push button being in said second                                 
            operating position;                                                                         
                              means for reproducing and displaying said image                           
            data recorded in said memory on said display means in response                              
            to said push button being in said first operating position.                                 

                                               Opinion                                                  
                  We reverse.                                                                           
                  A reversal of the rejections on appeal should not be                                  
            construed as an affirmative indication that the appellants’                                 
            claims are patentable over prior art.  We address only the                                  
            positions and rationale as set forth by the examiner and on                                 
            which the examiner’s rejection of the claims on appeal is                                   
            based.                                                                                      
                  All independent claims require at least two operative                                 
            positions of a single push-button switch, one of which causes                               
            the recording of image data into a memory means and the other                               
            of which causes reproduction of the recorded image data.                                    
            Claim 17 requires a third operative position of the push-                                   
            button which simply displays the formed image data as a                                     
            picture on a display means.                                                                 
                  In its first disclosed embodiment, Kinoshita discloses a                              
            switch 15 which when depressed freezes a current image on                                   
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