Appeal No. 98-2123
Application No. 08/326,669
claims 4, 10, 11, 17, 29, 30 and 32 under 35 U.S.C. § 102(b)
based on this reference.
Rejection (3):
According to the examiner:
Cohan discloses all the limitations of the
claims except for an integrally bound sleeve with
the card. Grover discloses an integrally bound
sleeve that may be used to store an elongate
functional member. It would have been obvious to
one of ordinary skill in the art at the time of the
invention to modify Cohan to include an integrally
bound sleeve similar to Grover that would allow the
card to store rectangular members such as medical
test strips. [Answer, page 3.]
We will not support the examiner's position since, even
if the references were combined in the manner proposed by the
examiner, the claimed invention would not result. That is,
claim 32 expressly requires a thermometer strip to be stowed
within the sleeve; however, neither Cohan nor Grover either
teaches or suggests a thermometer strip stowed within a
sleeve. This being the case, we will not sustain the
rejection of claims 33 under 35 U.S.C. § 103(a) based on the
combined teachings of Cohan and Grover.
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