Appeal No. 98-2034
Application No. 08/571,276
sheet [19, 23, 39] of leather, cloth, paper, buckram or the
like. The cover sheet includes edge lapping portions [41]
which are adhered to the frame board [37] as shown in Figure
3. See, col. 1, line 71 through col. 2, line 1 and col. 2,
lines 53-60.
The examiner admits that Bachrach does not disclose a
casing board having a transparent outer layer formed with at
least three transparent flaps formed along at least three
edges, but takes the position that
[i]t would have been obvious to one of ordinary skill in
the art to modify the opaque covering layer and the
transparent outer layer to be formed with at least three
flaps formed along at least three edges as taught by
Federbush et al in order to provide an alternative means
to cover the casing board. (Answer, page 3).
Appellants argue (brief, page 6) that Federbush also does
not teach the use of any flaps that are overlapping and
secured in the specific manner quoted above from claim 1.
We agree. While Federbush arguably shows flaps, as
broadly recited in appellants' claims, on an outer cover sheet
[19, 23, 39], Federbush's Figure 3 does not show the flaps as
overlaying end portions of adjacent, perpendicularly oriented
flaps. Rather, Federbush shows the excess material at each
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