Appeal No. 98-2123
Application No. 08/326,669
considered to be a cutout "having personal medical
information-bearing microfilm mounted therein" as set forth in
this claim.
As to claim 21, the appellants contend that any sleeve
which Grover might have is adjacent the lower edge of the
card, rather than the top edge as claimed. We must point out
that the particular orientation of the card (i.e., whether it
is turned with a particular edge up or down) does not serve to
structurally distinguish the claimed card over that of Grover.
See, e.g., LaBounty Mfg. v. Int’l Trade Comm’n, 958 F.2d 1066,
1075, 22 USPQ2d 1025, 1032 (Fed. Cir. 1992).
In view of the foregoing, we will sustain the rejection
of claims 1-4, 8-11, 13-16, 18-22 and 27-30 under 35 U.S.C. §
102(b) as being anticipated by Grover.
Turning to the rejection of claim 23 under 35 U.S.C.
§ 102(b) as being anticipated by Grover, this claim expressly
requires a test strip to be stowed within the sleeve. There
is no teaching in Grover of a test strip, much less a test
strip stowed within the sleeve. This being the case, we will
not sustain the rejection of claim 23 under 35 U.S.C. § 102(b)
based on the teachings of Grover.
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