Ex parte PODOSEK - Page 10




                 Appeal No. 2000-1871                                                                                    Page 10                        
                 Application No. 08/907,398                                                                                                             


                 the rear cover of the binder cover."  The appellant argues                                                                             
                 (brief, p. 17) that the applied prior art does not suggest the                                                                         
                 subject matter of claims 1 to 9 and 20 to 22 since the spine                                                                           
                 stiffening panel recited in these claims is not taught or                                                                              
                 suggested by the applied prior art.  In the answer, the                                                                                
                 examiner states (p. 4) that Moor "clearly discloses a ring                                                                             
                 binder  having a three part stiffener in association with a[1]                                                                                                                         
                 matching pair of woven synthetic sheets which are connected by                                                                         
                 seams at their edges."                                                                                                                 


                          After careful consideration of the positions of the                                                                           
                 examiner and the appellant, we find ourselves in agreement                                                                             
                 with the appellant that the spine stiffening panel recited in                                                                          
                 claims 1 to 9 and 20 to 22 is not taught or suggested by the                                                                           
                 applied prior art.  While Moor clearly teaches a front cover                                                                           
                 stiffening panel and a rear cover stiffening panel, it is our                                                                          
                 view that Moor's spine 16 does not include a spine stiffening                                                                          
                 panel.  In that regard, while Moor's spine 16 does include a                                                                           


                          1As shown in Figure 3 of Moor, a 3-ring binder member 31                                                                      
                 is retained in pocket 36 of Moor's book cover 10.  Therefore,                                                                          
                 Moor's book cover 10 is not a ring binder.                                                                                             







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