Ex parte PODOSEK - Page 2




          Appeal No. 2000-1871                                       Page 2           
          Application No. 08/907,398                                                  


               The appellant's invention relates "generally to loose                  
          leaf binders, portfolios and similar paper storage items and                
          relates more particularly to a novel paper storage item and                 
          method of making the same" (specification, p. 1).  A copy of                
          the claims under appeal is set forth in the appendix to the                 
          appellant's brief.                                                          


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Moor et al.              5,219,437                     June 15,             
          1993                                                                        
          (Moor)                                                                      
          Desmarais et al.         5,449,428                     Sep. 12,             
          1995                                                                        
          (Desmarais)                                                                 



               Claims 1 to 36 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Moor in view of Desmarais.                          


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellant regarding the above-noted                 
          rejection, we make reference to the first Office action (Paper              
          No. 5, mailed December 28, 1998) and the answer (Paper No. 12,              







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