Appeal No. 1996-0743
Application 08/152,741
material. Additionally, if Figure 2 of Stewart were to be
turned upside down (i.e., if the lower edge of the sheet as
viewed in Figure 2 were to be considered the top of the
sheet), such that line 38 of Stewart was considered to be the
first transverse line of weakening, it still would not have
been obvious to relocate the lower edge of the strip of
adhesive 57 about 7" from the bottom of the sheet because to
do so would greatly diminish, if not completely destroy, the
ability of strip 57 to act as a closure for a return envelope
derived from an originally sized 8.5" by 11" sheet. The
examiner’s position as applied to claim 9 is without merit for
similar reasons.
In view of the fact that the examiner’s proposed
modification of Stewart would render it unsuitable for its
intended purpose, it cannot be said that it would have been
obvious to one of ordinary skill in the art. Ex parte
Rosenfeld, 130 USPQ 113, 115 (Bd. App. 1961). It follows that
the standing § 103 rejection of claims 7 and 9 as being
-6-
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