Appeal No. 2001-1306 Page 22
Application No. 08/100,019
pre-exposed so that each frame contains a latent image of a
character.
When the camera is set to place a particular frame
behind the lens, the individual is then posed before the
camera to occupy a predetermined position relative to the
latent frame image. Upon actuation of the camera, a latent
image of the individual is formed on the frame in
juxtaposition to that of the character and the exposure of
the frame is completed. The film is then developed and
printed to provide the desired picture.
Turning now to Wheeler, we recommend that the Examiner make
the necessary analysis to determine whether “same invention” is
claimed, i.e., whether the subject matter of Appellant’s claim 1
is anticipated (35 U.S.C. § 102) or rendered obvious (35 U.S.C.
§ 103) by the subject matter of Wheeler’s claim 1 and vice versa.
The Examiner should pay specific attention to claim 1 of Wheeler
where “a photographic film having thereon a pre-exposed image A
which is undeveloped” is provided in which a mask section A’
masks image A while the remaining unexposed portion is exposed to
receive image B. The claim further requires “developing said
film to convert said images A and B thereon into developed
visible images.” We advise that the Examiner consider whether
Wheeler’s claim 1 is obvious over Appellant’s claim 1 based on
the reason that it would have been conventional and obvious to
one of ordinary skill in the art to block exposure with a mask
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