Appeal No. 2001-0052
Application No. 09/229,216
directed to non-statutory subject matter, viz., printed
matter.
Claim 2 stands further rejected under 35 U.S.C. 102(b) as
anticipated by English. 1
Claim 2 stands even further rejected under 35 U.S.C. 103
as unpatentable over either one of Morisawa or Schmidt in view
of “Kodak Fun Saver 35”.
A previous rejection of claim 2 under 35 U.S.C. 112,
second paragraph, has been explicitly withdrawn by the
examiner in the answer (page 3).
Reference is made to the brief and answer for the
respective positions of appellants and the examiner.
OPINION
We REVERSE.
1Rejections under 35 U.S.C. 102(b) based on either Blinow
or Van Allen have apparently been withdrawn since they have
not been repeated in the answer.
3–
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