Appeal No. 2001-0052
Application No. 09/229,216
filmstrip contained in the camera because the Kodak tradename
is imprinted on 4 of the 6 sides of the camera and that the
Kodak name imprinted on at least the front of the camera are
“depressed portions” which are “light-reflecting to the same
extent as the remainder of” the camera body. The examiner
appears to be referring to imprinting located on the cardboard
surrounding the body of the camera, but, in any event, it
would be pure speculation to find that the Kodak name is a
“depressed portion” of the body, or the cardboard, since the
reference is not clear on this matter. Moreover, inter alia,
even if the Kodak name was a depressed portion of the camera
body or cardboard cover, this does not provide for the claim
limitation of having the depressed portions on the flash
reflector, as claimed.
Since the examiner’s case depends on speculation, at
best, anent the disclosure of the Kodak Fun Saver 35 camera
reference, we will not sustain the rejection of claim 2 under
35 U.S.C. 103.
Since we have not sustained the rejection of claim 2
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