Appeal No. 2001-1306 Page 21
Application No. 08/100,019
film in the camera and its subsequent exposure and development,
which are now recited in the process claim 17.
We recommend that the Examiner take into consideration the
fact that Spector ‘224 and Spector ‘832 were issued more than one
year prior to the July 30, 1993 filing date of Appellant’s
application. According to the rules, a declaration under 37 CFR
§ 1.131 would not be effective in establishing prior invention
and removing a reference having a date of more than one year
prior to the date of filing of the application. Additionally, we
recommend that the Examiner evaluate the disclosures of these two
patents and determine whether they teach the limitations of
current claim 1. For example, Spector ‘224 teaches in col. 3,
lines 4-21 that:
More particularly, an object of this invention is to
provide a dual-track film for a camera of the above type in
which one track which is advanceable through the exposure
section of the camera has successive light-sensitive picture
frames that are partially pre-exposed to contain a latent
image of a character ....
A significant advantage of the invention is that ...
when a picture is taken the latent, partially-exposed
character image is then fully exposed and the resultant
picture shows the individual in proper juxtaposition to the
character.
Similarly, Spector ‘832 in col. 2, lines 31-41 states:
To carry out this technique, a camera is loaded with a
light-sensitive film whose successive frames are partially
Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: November 3, 2007