Ex parte KAPLAN - Page 8




          Appeal No. 97-0256                                                          
          Application 08/233,215                                                      


          the term “book,” we share the examiner’s view as expressed on               
          pages 5 and 6 of the supplemental answer mailed May 16, 1997                
          (Paper No. 28), and further point out that Rogow specifically               
          indicates that the design therein is to “a book or article of               
          similar nature” (emphasis added).  Moreover, since the                      
          configuration of the article in Rogow is substantially the same             
          as that of the pad broadly set forth in claim 1 on appeal, we               
          must conclude that it is clearly usable in the manner recited in            
          claim 1.                                                                    

          As for dependent claim 6, we share the examiner’s view that                 
          the front and back covers of the article in Rogow define “top and           
          bottom surfaces” of the pad, and that when the article is opened            
          to an intermediate page therein, the hinge seen at the left side            
          of the article in Figure 1 of Rogow becomes a “central hinge”               
          which extends vertically upwards (in the thickness dimension of             
          the hinge and out of the paper) from the top (front) and bottom             
          (back) surfaces and “through said writing surface.” With regard             
          to dependent claim 7, we observe that the “central hinge” as                
          described above also extends “parallel” to the top (front) and              
          bottom (back) surfaces, in the sense that it extends lengthwise             



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