Ex Parte TRICK - Page 5



          Appeal No. 2001-1306                                       Page 5           
          Application No. 08/100,019                                                  

          reconsideration of the declarations under 37 CFR § 1.131 (papers            
          No. 8, filed May 8, and No. 10, 1995 and October 23, 1995).                 
               At the outset, we note that Appellant considers claims 7 and           
          15, rejected under § 112, separately and indicates that they do             
          stand or fall with the remaining claims (brief, page 14).                   
          Appellant further provides arguments for claims 1 through 3, 6,             
          8, 10, 11, 14, 16 and 17, corresponding to the rejection under              
          § 102, that are separate from those provided for the rejection of           
          claims 4, 5, 12 and 13 under § 103 (brief, pages 14 & 21).                  
          Therefore, we will consider the claims as the above-mentioned               
          three groups.                                                               
               With respect to the rejection of claims 7 and 15 under the             
          first paragraph of 35 U.S.C. § 112, Appellant argues that at                
          least three methods by which a partially developed and sealed               
          film could be made were known at the time of the filing of the              
          application (brief, page 11).  Appellant provides a description             
          of three such methods (brief, pages 11-13) as well as a depiction           
          of the related process steps (attachment to the brief, Figures 1-           
          14) and concludes that the known methods are simple enough that             
          would have been known to any person skilled in the art.                     
               The Examiner responds to Appellant’s arguments by stating              
          that such methods of partially developing pre-exposed portions              





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