Appeal No. 1999-0387 Page 20
Application No. 08/590,278
showing that the claimed range achieves unexpected
results relative to the prior art range [citations
omitted].
In the present case, however, the appellants have not
even alleged, must less established, that the claimed distance
produces unexpected results. Accordingly, the examiner's
rejection of claims 12-14 and 18 under 35 U.S.C. § 103 as
being unpatentable over Drake in view of Johnsen is sustained.
The obviousness rejection over Drake and Perriman
We will not sustain the rejection of claim 15 under
35 U.S.C. § 103 as being unpatentable over Drake in view of
Perriman.
Claim 15 reads as follows: A record pad as recited in
claim 1 further comprising a foldable flap connected along a
said side edge of said sheet sets and foldable about a fold
line parallel to said side edges.
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