Ex parte CLEMENTS - Page 9




                 Appeal No. 2000-0788                                                                                     Page 9                        
                 Application No. 09/017,618                                                                                                             


                  103 in light of the prior art of record and the following                                                                            
                 prior art not of record: (1) U.S. Patent No. 5,586,786 which                                                                           
                 teaches an easel show file display book which utilizes a                                                                               
                 plurality of transparent envelopes;  (2) U.S. Patent No.       1                                                                       
                 5,836,614 which teaches alternative orientation of books in                                                                            
                 Figures 1 and 2; and (3) U.S. Patent No. 3,028,178 which seems                                                                         
                 to teach that the book's hinge can be placed at either the top                                                                         
                 (Figure 7) or side (Figure 1).  In addition, the examiner                                                                              
                 should determine whether or not it was old and well known in                                                                           
                 the art at the time the invention was made that storytelling                                                                           
                 books had two alternative orientations, one orientation being                                                                          
                 with the binding of the book being on the left side of the                                                                             
                 book and the other orientation being with the binding of the                                                                           
                 book being at the top of the book.                                                                                                     


                                                                   CONCLUSION                                                                           
                          To summarize, the decision of the examiner to reject                                                                          
                 claims 1 to 20 under 35 U.S.C.  103 is reversed.  In                                                                                  


                          1The examiner should determine if an artisan would have                                                                       
                 understood that the transparent envelopes contained pages                                                                              
                 having indicia thereon.                                                                                                                







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