Ex parte KAPLAN - Page 5




          Appeal No. 97-0256                                                          
          Application 08/233,215                                                      


          PT would have a configuration generally like that set forth in              
          appellant’s claim 1 on appeal and that such a pad would be                  
          capable of use in the manner described in claim 1.  To address              
          the “central hinge” limitations of dependent claims 6 and 7 on              
          appeal, the examiner indicates (answer, page 3) that                        
               Steno pads are well known in the art.  PT does not use                 
               a steno pad type hinge.  It would have been obvious to                 
               modify PT by providing a steno type hinge since such is                
               well known in the art for securing and versatility                     
               purposes.                                                              

          Appellant’s arguments regarding claim 1 urge that PT does                   
          not teach a reversible pad or a pad formed from two rectangular             
          surfaces.  More specifically, appellant indicates that there is             
          no disclosure as to what the fancy letter “L” pad of PT looks               
          like or if it even exists.  As for claims 6 and 7, appellant                
          argues that the examiner has used the claimed invention as a                
          teaching guide to reconstruct the pads of PT.  We do not find               
          appellant’s arguments persuasive with regard to claim 1 on                  
          appeal, but we agree with appellant as to claims 6 and 7.                   

          Like the examiner, we are of the opinion that an “L” shaped                 
          pad as disclosed in PT would be fully responsive to the                     
          reversible writing pad set forth in claim 1 on appeal and would             
          be usable in the manner required in appellant’s claim 1.  Since             

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