Appeal No. 1998-0233
Application 08/469,065
three attachment methods for affixing business cards to
business card holders. That the attachment method appellant
claims was not among the commercial attachment methods
discovered by appellant, runs merely to the novelty of the
claimed apparatus and method and does not pertain to the
obviousness issue presented by the rejections on appeal. In
no way can the declaration provide any evidence to rebut the
prima facie case of obviousness established by the examiner.
With respect to the 35 U.S.C. § 112 rejection of
claims 19 through 23, the examiner states that it cannot be
discerned whether the card storage and retrieval system
therein claimed claims the combination of the system with a
business card or without. In our view, the reference to the
business card in the body of the claim is merely an intended
use or background environment with respect to the system being
claimed. We do not
find that such a recitation obscures the metes and bounds of
the claimed invention. Therefore, the rejection of claims 19
through 23 under 35 U.S.C. 112 is reversed.
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