Appeal No. 1998-0252
Application No. 08/555,795
recited in independent claim 1, the system comprises “an
elongated sheet” on which there are first, second and third
“areas” that are “adapted for receiving,” respectively, “a
first indicia indication [sic indicating] a month of the year”
and “a second indicia indicating a day of said month . . .
representing the birthday of the individual,” and “a third
indicia indicating the initial letters of the last name of
said individual.” The claim concludes by stating that these
indicia comprise first, second and third color-coded adhesive
labels received upon the sheet and that the first and second
indicia precede the third indicia on the sheet.
Colavito is directed to a color coded filing system for
use with the expandable files that are “used in law offices
and other business offices” (column 1, lines 9-10). Each file
comprises an elongated sheet upon which can be placed a
plurality of color coded adhesive labels (24) in a plurality
of areas in excess of the three required by claim 1. As noted
by the examiner, Colavito does not teach that the labels
contain the precise indicia specified in the claims. However,
it is the examiner’s view that the indicia is not functionally
related to the substrate upon which it is placed, and
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