Ex parte KAPLAN - Page 6




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



          PT indicates that only the letter “X” is not available, we find             
          it reasonable to conclude that a pad in the shape of the letter             
          “L” is available, and thus, contrary to appellant’s position,               
          that it does exist.  While the exact configuration of the “L”               
          shaped pad in PT may not be specifically known, we consider that            
          it can be safely said that one of ordinary skill in this art                
          would reasonably conclude that such a pad would comprise a                  
          plurality of vertically stacked sheets of paper with a writing              
          surface on both sides of said sheets and that each of the sheets            
          of such a pad would have a “substantially” rectangular larger               
          vertically oriented leg or main message area/writing surface                
          defining the longer leg of the “L” and a somewhat smaller                   
          “substantially” rectangular extension from the lower end of the             
          longer leg defining the lower base leg of the “L,” which is the             
          configuration of the pad as broadly set forth in claim 1 on                 
          appeal.  Given the substantial similarity in the configuration of           
          the claimed “L” shaped pad and the “L” shaped pad of PT, we find            
          it eminently reasonable to conclude that the “L” shaped pad of PT           
          is also usable in the manner set forth in claim 1 on appeal.                




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