Ex parte CURIEL - Page 6




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


          protective layer 34 cannot be considered a write-resistant                  
          exposed surface, inasmuch as it is disclosed with a display                 
          portion 5 thereon.  In this respect, the examiner cannot rely               
          on display portion 5 as variable information on the one hand,               
          and surface 34 as a write-resistant surface, since it shows                 
          display portion 5 lying thereon.                                            









               For the foregoing reasons it is our finding that the                   
          Takeuchi disclosure is not evidence of lack of novelty with                 
          respect to the claimed subject matter.                                      
                                      REVERSED                                        




                         NEAL E. ABRAMS                     )                         
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                                                       )                              

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