Ex Parte SIMON - Page 1




               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
                                                               Paper No. 17           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                              Ex parte RICHARD A. SIMON                               
                                    ____________                                      
                                Appeal No. 2001-1008                                  
                              Application No. 08/971,097                              
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before BARRETT, FLEMING, and RUGGIERO, Administrative Patent                
          Judges.                                                                     
          FLEMING, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          claims 1 through 13, all the claims pending in the present                  
          application.  Claims 14 and 15 have been canceled.  We note that            
          proposed claims 16 through 18, filed by an amendment after final,           
          were not entered, and thereby are not present in the application.           
               The invention relates to a photobooth that produces special            
          artistic effects in an image using digital image processing.  See           
          page 1 of Appellant's specification.                                        









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