Appeal No. 2003-0485
Application 08/767,249
suggest a form having four sections as recited in claim 18 on
appeal and sized in the particular manner required in claims 18
and 26. When the mailing form of Fabel is viewed as a whole from
a consideration of all of the figures of the patent drawings and
based on the description in the patent’s specification, it is
clear that the various sections of the form therein referred to
by the examiner are not sized as required in claim 18 on appeal.
For example, it is clear from viewing Figures 1, 5, 6 and 7 of
Fabel that the upper section (80) and first subsequent section
(70) together do not have a surface or surface area equal to that
of the other of the subsequent sections (72) and the lower
section (78).
When upper section (80) is separated from lower section (78)
along perforated line (36) as described in the Fabel patent it is
readily apparent that the upper section (80) is somewhat smaller
in area than the lower section (78). Note in this regard, that
it is scored line (38) that is described in the Fabel patent as
being located at the midway point between the ends (39, 40) of
lower sheet (14), and thus midway of the form (10) as a whole
(col. 4, lines 63-66). Moreover, it is readily apparent from
Figures 1, 5 and 6 of Fabel that the two subsequent sections (70,
5
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