Ex parte LEE et al. - Page 3




          Appeal No. 1998-0866                                                        
          Application No. 08/698,707                                                  




                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellants' specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                
               We cannot sustain the examiner's rejection of appellants'              
          claims 1-5 under 35 U.S.C. § 103.                                           
               At the outset, we particularly note that independent                   
          claim 1 is drawn to a camera and a recording device.                        
               Claim 1 recites,                                                       
          1. A camera comprising an information-bearing medium movable                
          to record non-varying information on a filmstrip, is                        
          characterized in that: said information-bearing medium is a                 
          magnetic roller recorder having a roller periphery on which is              
          magnetically stored the non-varying information; and means                  
          rotationally supports said roller recorder in place for                     
          stationary rolling contact of said roller periphery with a                  
          magnetic track on a filmstrip as the filmstrip is advanced,                 
          whereby the non-varying information can be repetitively                     
          recorded along the magnetic track on the filmstrip.                         
               The examiner's rejection of claim 1 points out that                    
          "[t]he difference between Swanson et al. and the claimed                    
          invention is the magnetic roller recorder is rotatably mounted              
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