Ex Parte Wagner - Page 2

                Appeal 2006-2139                                                                                 
                Application 10/292,221                                                                           
                                                The Invention                                                    
                       Appellant's invention is an interpretive art workbook comprising a                        
                plurality of bound sheets, each sheet having a free-form line drawing                            
                suitable for interpretation and supplementation by an individual                                 
                (Specification 1).  Independent claim 1 is illustrative of the invention and                     
                reads as follows:                                                                                
                             1. An interpretive art workbook comprising:                                         
                                    a bound collection of sheets having                                          
                             displayed on a surface of each of a plurality of                                    
                             such sheets a different free-form line drawing that                                 
                             a user can, through the exercise of imagination and                                 
                             creativity, interpret and supplement to construct an                                
                             image that incorporates but is not determined by                                    
                             the free-form line drawing.                                                         

                                                 The Evidence                                                    
                       The Examiner relies upon the following as evidence of                                     
                unpatentability:                                                                                 
                Meyers   US 1,419,882   Jun. 13, 1922                                                            
                Whang   US 6,203,230 B1   Mar. 20, 2001                                                          

                                                The Rejections                                                   
                       Appellant seeks review of the Examiner’s rejection under 35 U.S.C.                        
                § 102(b) of claims 1 and 11 as anticipated by Meyers and rejections under                        
                35 U.S.C. § 103(a) of claim 1 as unpatentable over Meyers and claims 3-5,                        
                10-12 , and 25-28 as unpatentable over Meyers in view of Whang.                                  
                       The Examiner provides reasoning in support of the rejection in the                        
                Answer (mailed October 7, 2005).   Appellant presents opposing arguments                         


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