Appeal No. 1999-0387 Page 8
Application No. 08/590,278
the examiner's view that the claimed upper margin is
"readable" on the edge portion of Drake's removable sheet 1
adjacent the spine part 3 where the sheets are bound together.
The appellants disagree for the reasons set forth in the brief
(pp. 5-8) and reply brief (pp. 1-2). In the appellants' view,
the edge portion of Drake's removable sheet 1 adjacent the
spine part 3 is not the upper margin of the sheet 1 during
normal use since it is a side margin during normal use.
We agree with the examiner that the claimed upper margin
is "readable" on the edge portion of Drake's removable sheet 1
adjacent the spine part 3 where the sheets are bound together.
It is our view that the record pad of Drake (shown in Figures
1-2) has at least two "normal use" positions since Drake's
record pad does not have any configuration (e.g., preprinted
words on portions 1a of the removable sheets 1) dictating one
"normal use" position. The first "normal use" position of1
Drake's record pad is where the spine part 3 and helical wire
1In that regard, the manuscript notes 7, 7a shown in
Figure 1 are indicia of the message notes to be written on the
record pad.
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