Ex parte NIJBOER et al. - Page 18




                 Appeal No. 1999-0387                                                                                    Page 18                        
                 Application No. 08/590,278                                                                                                             


                          As to claims 8 and 17, the examiner has not established                                                                       
                 that the limitations of these claims  would have been obvious    6                                                                     
                 at the time the invention was made to a person having ordinary                                                                         
                 skill in the art.  The examiner has not applied any evidence                                                                           
                 sufficient to establish a prima facie case of obviousness with                                                                         
                 respect to claims 8 and 17.                                                                                                            


                          As to claims 12-14 and 18, we conclude that it would have                                                                     
                 been obvious at the time the invention was made to a person                                                                            
                 having ordinary skill in the art to apply the teaching of                                                                              
                 Johnsen (column 9, lines 2-6) of providing the tear lines                                                                              
                 slightly above the respective adhesive band to Drake's pad so                                                                          
                 that Drake's adhesive is spaced from the line of weakness to                                                                           
                 protect the adhesive as taught by Johnsen.  Furthermore, we                                                                            
                 agree with the examiner (answer, p. 4) that the claimed                                                                                


                          6Claim 8 reads as follows: A record pad as recited in                                                                         
                 claim 2 wherein two lines of weakness are provided in said top                                                                         
                 sheets substantially parallel to said upper margin dividing                                                                            
                 said top sheet into three portions.                                                                                                    
                          Claim 17 reads as follows: A record pad as recited in                                                                         
                 claim 16 wherein two lines [of weakness] are provided in said                                                                          
                 top sheets substantially parallel to said upper margin                                                                                 
                 dividing said top sheet into three portions.                                                                                           







Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next 

Last modified: November 3, 2007