Appeal No. 1997-1383
Application No. 08/217,392
showing of a reasonable expectation of success. Rather, it
has made an impermissible reconstruction of the present
invention based on the disclosure of the present application."
(Brief-page 15.)
Thus, Appellants’ arguments regarding a reasonable
expectation of success boil down to the arguments made
regarding lack of motivation. Accordingly, for the same
reasons recited supra finding sufficient motivation, we find a
reasonable expectation of success.
LIMITATIONS OF THE CLAIMS
Appellants next argue the limitations of the claims as
grouped supra.
With respect to group 1, claim 1 being representative
thereof, Appellants argue Nielsen uses a book metaphor, and a
bound book, "is clearly distinguishable from a stack of
pages." (Brief-page 17.)
Although we agree with Appellants on this point, we see
nothing in claim 1 that involves this distinction. Claim 1
recites "a depiction of a stack of pages." No claim language
prevents these pages from being bound.
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