Ex parte GUNZEL et al. - Page 3




          Appeal No. 2000-0979                                                        
          Application 08/767,743                                                      

               A scanner comprising:                                                  
               means for converting contents of a film frame into a                   
          video signal,                                                               
               means for post-processing the video signal, and                        
               means for inserting a scaling signal into the video                    
          signal before post-processing the video signal.                             
          B.   Discussion                                                             
               The examiner has objected to claims 7 and 9 because of                 
          certain informalities.  The Board has jurisdiction to decide                
          issues involving claims that are finally or twice rejected.                 
          Claims that are objected to are not reviewable by the Board.                
          Therefore, we do not address the examiner’s objections to                   
          claim 7 and claim 9.                                                        
               The rejections of the claims on appeal cannot be                       
          sustained.  A reversal of the rejection on appeal should not                
          be construed as an affirmative indication that the applicants’              
          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.                                                                      
               Anticipation is established only when a single prior art               
          reference discloses, either expressly or under the principles               

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