Ex parte OLIVER - Page 10




          Appeal No. 2001-0271                                      Page 10           
          Application No. 08/855,474                                                  


          matches the thickness of a compact disk 10.  The compact disk               
          10 is snugly nested in a circular opening 19 die cut in the                 
          face panel 18 to create a well (col. 3, lines 47-64).                       
               As we see it, Spector meets the limitations of claim 15                
          as follows.  Either of the panels 15, 16 provides a                         
          continuously flat surface for supporting a computer mouse and               
          the circular opening 19 is an aperture for receiving a                      
          computer disk therewithin, the aperture having a height                     
          substantially equal to the thickness of the computer disk, by               
          virtue of the thickness of the face panel 18 matching the                   
          thickness of the compact disk 10.  Moreover, Spector's                      
          cardboard album is a "pad"  as broadly recited in claim 15.6                                                 
               Turning finally to the examiner's rejection of claims 15-              
          21 as being unpatentable over House in view of Zielinski and                
          Spector, the examiner acknowledges that neither House nor                   
          Zielinski teaches or suggests the provision of a compact disk               
          in the mouse pad of House (answer, p. 6).  Unlike the                       
          examiner, we find no suggestion in Spector’s compact disk                   



               A "pad" is a thin flat mat or cushion (Webster's New Collegiate6                                                                     
          Dictionary (Merriam-Webster 1977)).                                         







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