Appeal No. 1999-2368 Page 11
Application No. 08/771,018
We remand this application to the examiner for further
consideration of the patentability of the appealed claims
under
35 U.S.C. § 103. With regard to claim 1, the examiner should
assess available evidence in the photographic storage art to
determine if it is known in that art to store photographs in a
plurality of photographic storage panels wherein each of the
panels has disposed thereon a plurality of photographic insert
sleeve members each capable of storing at least one
photograph. If this item is known in the photographic storage
art, the examiner should cite that evidence (e.g., prior art)
and then consider whether or not such evidence can be combined
with the above-noted applied prior art (e.g., Spertus) to
render any of the appealed claims unpatentable under 35 U.S.C.
§ 103.
We additionally remand this application to the examiner
for consideration of the patentability of claims 7 and 8 under
35 U.S.C. § 112, second paragraph. In claim 7, the phrase
"said means for pivoting" lacks proper antecedent basis. The
examiner should determine if this lack of antecedent basis
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