Appeal No. 2000-1965
Application 09/149,616
We refer to the final rejection (Paper No. 9) (pages
referred to as "FR__") and the examiner's answer (Paper No. 16)
(pages referred to as "EA__") for a statement of the examiner's
rejection, and to the appeal brief (Paper No. 15) (pages referred
to as "Br__") for a statement of appellant's arguments
thereagainst.
OPINION
Grouping of claims
The claims are not argued separately. Therefore, the claims
are treated as standing or falling together with representative
claim 1. See 37 CFR § 1.192(c)(7) (1998).
Requirement under 37 CFR § 1.196(d)
On September 24, 2002, we entered a requirement under 37 CFR
§ 1.196(d) (Paper No. 18) for appellant to address a question of
possible public use based on the use of ChromaDepth® 3-D glasses
in the Maniac Maze in the summer of 1996 as described in the
article about appellant entitled Theatrical Terror's John Burton
by Leonard Pickel, from "http://www.hauntedattraction.com/15/-
coverstory.html." (Although the first article by J. Hillinger
discusses that a series of lighting and viewing effects using the
ChromaDepthTM glasses were introduced by Automated Entertainment
in 1995, and discusses scenic applications such as the use of
fluorescent colors on a non-fluorescent black background, the
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