Appeal No. 1999-0387 Page 21
Application No. 08/590,278
Figure 7 of Perriman shows a record pad 1 associated with
a cover 9. However, this cover is foldable along the edge
opposite to the securing means which retains the sheets
together to form the pad. If the teachings of Perriman were
to be combined with Drake it would have the cover fold about
the lower margin of Drake's pad, not the side margin as
recited by claim 15. Thus, the combination of the applied
prior art would not arrive at the claimed invention.
Accordingly, the decision of the examiner to reject claim 15
under 35 U.S.C. § 103 is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-4, 6, 7, 10, 12, 16 and 20 under 35 U.S.C. § 102(b)
is affirmed; the decision of the examiner to reject claims 9
and 19 under 35 U.S.C. § 102(b) is reversed; the decision of
the examiner to reject claims 1-4, 6, 7, 10, 12-14, 16, 18 and
20 under 35 U.S.C. § 103 is affirmed; and the decision of the
examiner to reject claims 5, 8, 9, 11, 15, 17 and 19 under
35 U.S.C. § 103 is reversed.
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