Ex parte NIJBOER et al. - Page 9




                 Appeal No. 1999-0387                                                                                     Page 9                        
                 Application No. 08/590,278                                                                                                             


                 4 are positioned on the left side.  The second "normal use"                                                                            
                 position of Drake's record pad is where the spine part 3 and                                                                           
                 helical wire 4 are positioned on the top side.                                     2                                                   


                          When Drake's record pad is in its second "normal use"                                                                         
                 position, claim 1 is readable on Drake as follows.  A record                                                                           
                 pad (see Figures 1 and 2 of Drake) comprising: a plurality of                                                                          
                 sheet sets (see column 4, lines 27-30, of Drake), each sheet                                                                           
                 set comprising a paper top sheet having a top face and a                                                                               
                 bottom face (Drake's removable sheet 1), at least one                                                                                  
                 underlying record bottom sheet (Drake's record sheet 2), and a                                                                         
                 transfer mechanism for transferring indicia imaged on said top                                                                         
                 sheet to an underlying said record sheet (see column 4, lines                                                                          
                 30-45, of Drake); said top sheet comprising an upper margin, a                                                                         
                 lower margin substantially parallel to said upper margin, and                                                                          
                 first and second side margins substantially perpendicular to                                                                           
                 said upper and lower margins, said upper margin being at the                                                                           
                 upper portion of said top sheet during normal use of said top                                                                          

                          2We note that it is well known in this art that the                                                                           
                 helical wire that bounds sheets of a book or pad together is                                                                           
                 normally positioned along either the top edge or the left                                                                              
                 edge.                                                                                                                                  







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