Ex parte CURIEL - Page 2




          Appeal No. 1999-0913                                                        
          Application No. 08/723,330                                                  


          prevents photocopying and also providing a write-resistant                  
          surface over information written on the article.                            
               The claimed subject matter may be further understood with              
          reference to the appealed claims which are appended to                      
          appellant's brief.                                                          
               The reference of record relied upon by the examiner as                 
          evidence of lack of novelty is:                                             
          Takeuchi et al. (Takeuchi)    4,856,857                Aug. 15,             
          1989                                                                        
               The examiner has rejected claims 23 through 25 under                   
          35 U.S.C. § 102 as unpatentable over Takeuchi.                              


                                       OPINION                                        
               We have carefully reviewed the rejection on appeal in                  
          light of the arguments of the appellant and the examiner.  As               
          a result of this review, we have reached the determination                  
          that the applied prior art patent to Takeuchi does not                      
          establish the lack of novelty of the claimed subject matter.                
          Accordingly, the rejection of all claims on appeal is                       
          reversed.  Our reasons follow.                                              
               Anticipation under 35 U.S.C. § 102 requires that "each                 
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