Appeal No. 2000-1871 Page 9
Application No. 08/907,398
teaches (column 2, lines 27-36) that the environmentally
friendly thermoplastic material comprises a copolymer or
copolymer-polymer mixture selected from the group consisting
of ethylenevinylacetate (EVA) copolymer, an EVA copolymer and
polyethylene, an EVA copolymer and polypropylene, and an EVA
copolymer and polyethylene and polypropylene, with the proviso
that the concentration of vinylacetate in the film is from
about 12 to about 28% by weight. For convenience purposes,
the above described film will be referred to as EVA film.
Desmarais further teaches (column 3, lines 60-68; column 5,
line 4, to column 6, line 14) that both PVC material and EVA
film can be used as covering materials for ring binders.
Claims 1 to 9 and 20 to 22
We will not sustain the rejection of claims 1 to 9 and 20
to 22 under 35 U.S.C. § 103.
In the first Office action, the examiner stated (p. 2)
that Moor discloses "at least three discrete stiffener (22), a
matching pair of woven synthetic sheets 12, 14, a ring
mechanism 31 secured to one of the front cover, the spine and
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